Yes, we should assert that right. And there is no reason not to go after a constitutional amendment to clarify the right. It should not be necessary, I believe it is already covered. But the equal rights amendment should not have been necessary, either. In fact, the federalists thought the bill of rights was unnecessary. It was the Anti-Federalists that drove the first 10 Amendments.
I agree with your main point, but the equal rights amendment was never passed. Due to the broadening of interpretation of the fourteenth amendment over time, it has not been necessary.
