The New Equal Rights Amendments

Eugene Volokh posts about the revival of the ERA, and possible implications if it passes. Two problems he mentions are the fears that (1) passage would mean that women could not be excluded from combat and (2) separate girls sports teams would no longer be permitted.

See, this is why I get fed up with courts and lawyers. Any reasonable person can see that these two policies are, at most, minimally nefarious. They are not the reason for passing the ERA, and should not be implicated if it is passed. A general policy against gender discrimination can certainly accommodate well-meaning actions like these. But no, when courts and lawyers get involved, common sense goes out the window.

Look, men and women are physically different. There's nothing that can be done about that through government action. So just allow distinctions to be made where they make sense based on these differences. Sheesh. Courts should be able to deal with this, but if they can't, we can legislate something that will deal with the issues properly.