How often have you heard, “all I want is equal footing? All I need is a chance.” I understand the sentiment, but in practice, that is rarely the case. It is something I have mentioned several times over the years, an observation, you might say. Everyone wants to be treated equally, until they are. When that happens, equality needs another measure added to the scale. The only way things become equal is when you have just a bit more.

Today that is expressed as diversity, equity and inclusion. That is the equal footing being legislated. Those are the added measures to balance that scale. Diversity actually means being different and may or may not be the best choice for a particular circumstance, but to make things equal, that’s the choice. Inclusion means , to include. Again the inclusion may or may not be of benefit to whatever the task may be, but no matter, it is included. It’s the only way to make things equal.

All things being equal. The simple truth is, all things aren’t equal. At least not when it comes to people. We have all read those famous words, all men are created equal. Well it’s a noble sentiment but not the reality. Equality is measured by what standard? That is what law attempts to define. Equality is measured by your rights. Your rights are protected by what? The law. That is the equality Thomas Jefferson so famously wrote about, calling those rights self evident. Remember he was writing the Constitution, the law of the land.

When is the law inequitable? Whenever that law restricts, prevents or discourages your desires. That’s when we say, the law isn’t fair. Consider the 13th, 14th and 15th amendments to that constitution. Commonly known as the civil rights amendments they established that former slaves had the same rights (they were equal) as everyone else. Prior to that the law was inequitable. It may not have seemed that way to those it didn’t apply to, but there is no denying that it was.

The first ten amendments are what? The Bill of Rights. Those amendments were added to ensure the rights of the people could not be trampled upon by the government. Yeah, you could say it was the first “no kings” movement. Proposed by James Madison it was influenced by the Magna Carta and the English bill of rights. The concern is for individual rights. Those rights haven’t changed over millennia.

Why weren’t those rights listed in the constitution? There were several trains of thought on that. The fear was by listing specific rights it would indicate that other rights, those not listed, would not be protected. Other delegates to the convention argued that the constitution itself was strong enough to protect individual rights. The government was given specific powers and therefore a listing of rights was not needed. It was eventually decided that the Bill of Rights was indeed a necessity. Rights needed to be listed!

The argument continues to this day. What is fair and equal? What power does the government hold and what rights of the people restrict government? The law is the defining measurement of equality. There are times when the law needs to be revised, when the inequity of that law becomes apparent to the majority. And that is the defining principle in our republic, the majority rules. The majority decides what is equal. When you are in the majority you feel like things are equal, when you are in the minority it doesn’t feel that way at all. You need just a little something more. You deserve it. Equal ground is only achieved by suppression of some one else.