VICTOR JOECKS: Democrats used misinformation to pass ERA

Democrats are fine with misinformation — when they can use it to advance their agenda.

On Tuesday, a Las Vegas judge ruled that Nevada Medicaid must pay for abortions. The justification was that this is mandated under the state Equal Rights Amendment, which Nevada voters approved in 2022.

If you were here two years ago, that may strike you as odd. You may recall voting on the ERA but would probably struggle to figure out how “equal rights” relate to state-funded abortions.

“Equality of rights under law shall not be denied or abridged by this State or any of its political subdivisions on account of race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin,” the entire text reads.

At the time, Democrats assured Nevadans that the ERA wouldn’t lead to taxpayer-funded abortions.

“With respect to the belief that this will fund abortions or other opposition arguments related to that topic, the language does not provide for that,” Senate Majority Leader Nicole Cannizzaro testified in 2021. She referenced Nevada’s current abortion laws and continued, “This does nothing to add to that, and that language is not in this bill. The opposition to this bill does not exist.”

The arguments for passage in the voter’s guide made a similar claim. “Do not be misled” by the “unfounded speculation” that the ERA could be used to “protect abortion rights,” it read.

This makes it sound as if those who argued that the ERA might lead to taxpayer-funded abortion were conspiracy theorists. Except it just happened.

If voters had known what this amendment entailed, it might have been rejected. This dishonesty — or misinformation, one might call it — was a huge political advantage employed by the ERA’s supporters. Taxpayer-funded abortions are significantly less popular than a generic statement affirming “equal rights.”

The theory is that not covering abortion is sex-based discrimination. Because equality of rights can’t be abridged, you — Nevada taxpayers — must fund abortions. That may strike you as a ridiculous stretch, and it is. The Nevada Supreme Court should overturn this ruling. But this is what happens when you put vague and contradictory rights into the constitution for courts to flush out later.

Conservative groups shouldn’t sit idly by. The NRA should sue over Nevada’s many firearm limitations on those under 18. That’s age discrimination. Last May, UNLV offered a “Latinx graduation celebration” for “all graduating UNLV Latinx students.” Under the ERA, that’s prohibited racial discrimination. Bring a lawsuit. More broadly, a parental rights group should sue any school that attempts to indoctrinate students in critical race theory, which is based on elevating or attacking people based on race.

A pro-life group should sue over legalized abortion in Nevada. The ERA bans abortions. It’s age discrimination to protect a 13-week-old baby, but not a 13-week-old pre-born baby.

The left wants to use the ERA to advance unpopular policies. If the right goes to court to advance its own priorities, one suspects Democrats will declare some rights are more equal than others.

Victor Joecks’ column appears in the Opinion section each Sunday, Wednesday and Friday. Contact him at vjoecks@reviewjournal.com or 702-383-4698. Follow @victorjoecks on X.