The Texas Equal Rights Amendment in the Courts 1972-1977: A Review and Proposed Principles of Interpretation

This article provides a detailed analysis of the 1972 Texas Equal Rights Amendment (ERA). The author sets out to explain the current methodology Texas courts use in determining Texas ERA disputes and then suggests a methodology for courts to utilize in future cases. The author first provides an in-depth analysis of thirteen Texas ERA appellate court decisions from 1972 to November 1977. The author believes the courts have not provided enough jurisprudential direction in these cases. In the author’s opinion, the court decisions have not clearly defined the judicial interpretation of the Texas ERA and have left unanswered many of the questions regarding the application of the Texas ERA. The author recognizes that one specific standard of review will not fit the Texas ERA cases. In the final part of the article, the author suggests the courts utilize four principles when deciding future Texas ERA cases. The author provides four hypothetical cases to illustrate his proposed methodology.