Eleanor Finch
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that seeks to explicitly prohibit gender discrimination and guarantee equal rights for women. First introduced in Congress in 1923, the ERA has been at the centre of a long-standing debate regarding its inclusion in the Constitution. While it has gained significant support from women and men, particularly during the social movement era of the 1960s, it has also faced opposition and has not yet been ratified. Despite the efforts of various lawmakers and activists, the ERA's journey towards becoming a part of the Constitution remains ongoing, leaving the question of whether its protections for women's rights will be enshrined in the nation's foundational document.
| Characteristics | Values |
|---|---|
| Status | The Equal Rights Amendment (ERA) is not currently a part of the US Constitution. |
| Objective | To explicitly prohibit sex discrimination and secure full equality for women. |
| History | First introduced in Congress in 1923 by Alice Paul and Crystal Eastman. |
| Reintroduced in 1971 by Representative Martha Griffiths and approved by the US House of Representatives. | |
| Passed by the US Senate in 1972 and submitted to the state legislatures for ratification. | |
| Ratification | 38 states are required to ratify the ERA for it to become part of the Constitution. |
| As of 2020, 38 states have ratified the ERA, but its inclusion in the Constitution is still uncertain. | |
| Support | The ERA gained support from both women and men during the Social Movement Era of the 1960s. |
| It received bipartisan support in Congress and from President Carter, who advocated for women's rights. | |
| Opposition | Some argued that it would remove protections from women and make them eligible for the military draft. |
| Conservative activists and religious groups campaigned against the ERA, slowing its momentum. |
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What You'll Learn
- The Equal Rights Amendment (ERA) was proposed to prohibit sex discrimination
- The ERA has been ratified by 38 states
- The ERA has faced opposition and resistance from conservative activists
- The ERA was first introduced in 1923, but failed to achieve ratification
- The ERA has gained support from both women and men
The Equal Rights Amendment (ERA) was proposed to prohibit sex discrimination
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would explicitly prohibit sex discrimination. It was first drafted in 1923 by Alice Paul and Crystal Eastman and introduced in Congress that same year. The ERA has been reintroduced in every subsequent Congress, but it was not until 1971 that it gained significant traction, thanks to the rising women's movement in the United States. Representative Martha Griffiths reintroduced the ERA in 1971, and it was approved by the U.S. House of Representatives that year and by the U.S. Senate in 1972. This triggered the submission of the ERA to the state legislatures for ratification, with a seven-year deadline set by Congress for 1979.
The ERA aims to guarantee constitutional protection against sex discrimination. It would ensure that equality of rights under the law cannot be denied or abridged by the United States or any state based on sex or gender. The amendment would empower Congress to enforce these provisions through appropriate legislation. While the Fourteenth Amendment's Equal Protection Clause guarantees equal protection of the laws, it did not initially apply to women when it was adopted in 1868. It was not until 1972 that the United States Supreme Court extended equal protection to sex-based discrimination. However, women have not been entitled to full equal protection, as sex classifications are subject to a less stringent standard of judicial review compared to other forms of discrimination.
The ERA has been subject to debate, with proponents arguing that it would end legal distinctions between men and women in various matters, including divorce, property, and employment. They assert that it would protect existing rights and expand protections for women, girls, and marginalized genders. Additionally, it would make sex a "suspect classification," similar to race, religion, and national origin, requiring cases of sex discrimination to undergo "strict scrutiny." This would elevate sex equality to the status of a fundamental right.
Opponents of the ERA have expressed concerns that it might remove certain protections from women and make them eligible for the military draft. The ERA has faced resistance and slow progress over the years, with conservative activists and religious groups campaigning against it. Despite these challenges, 38 states have ratified the ERA as of 2020, reaching the required threshold for amendments to take effect. However, whether its protections for women's rights will be incorporated into the Constitution remains an open question.
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The ERA has been ratified by 38 states
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would explicitly prohibit sex discrimination. It was first introduced in Congress in December 1923 and was written by Alice Paul and Crystal Eastman. The ERA has since been reintroduced in Congress multiple times and was approved by the U.S. House of Representatives and the U.S. Senate in 1972, thus submitting it to the state legislatures for ratification as provided by Article Five of the United States Constitution.
The ERA gained momentum in the 1960s with the rise of the women's movement in the United States. Within a year of its approval by Congress, 30 out of the necessary 38 states had ratified the ERA. However, the momentum slowed as conservative activists and the emerging religious right launched a campaign against it. In 1977, 35 states had approved the amendment, and by the original deadline of March 1979, a total of 35 states had ratified the ERA.
Despite the original deadline passing without the required number of states ratifying the ERA, the fight for its inclusion in the Constitution continued. The deadline was extended to June 30, 1982, by a majority in Congress, but no additional states voted yes before that date. In fact, five states—Idaho, Kentucky, Nebraska, South Dakota, and Tennessee—rescinded their ratification of the ERA between 1972 and 1982.
The push to adopt the ERA gained renewed public attention in 2017 when Nevada became the first state to ratify the measure since 1977, becoming the 36th state to do so. Illinois followed suit in 2018, becoming the 37th state. Finally, on January 15, 2020, Virginia became the 38th state to ratify the ERA, pushing it across the three-quarters threshold required for amendments to the Constitution to take effect.
While the ERA has now been ratified by 38 states, its inclusion in the Constitution is still not a given. There are ongoing debates and legal questions surrounding the deadlines and the validity of state rescissions of ratification. Despite this, the ratification by 38 states is a significant milestone in the fight for equal rights for women and has been a top legislative priority for many.
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The ERA has faced opposition and resistance from conservative activists
The Equal Rights Amendment (ERA) has faced opposition and resistance from conservative activists since its inception. The ERA is a proposed amendment to the United States Constitution that aims to explicitly prohibit gender discrimination. While it has gained support from progressive and feminist groups, it has also encountered significant pushback from conservative activists and organizations.
One of the prominent opponents of the ERA was Phyllis Schlafly, a conservative Republican activist. Schlafly and her organization, STOP ERA, played a crucial role in preventing the amendment's ratification. They utilized traditional symbols of American housewives, such as homemade bread and apple pies, to appeal to married women and emphasize the importance of traditional gender roles. Schlafly and her supporters argued that the ERA would invalidate protective laws for women, such as alimony, and eliminate mothers' preference in child custody cases.
The opposition to the ERA extended beyond Schlafly and included other conservative groups and religious organizations. The National Council of Catholic Women, labor feminists, and insurance companies were among those who opposed the amendment. These groups spread fears that the ERA would send women into combat roles and remove protections for women in employment laws. Additionally, in 2019, the attorneys general of Alabama, Louisiana, and South Dakota filed a federal lawsuit to block the addition of the ERA to the Constitution, arguing that it would undermine the constitutional order.
The resistance to the ERA has also been fueled by concerns over the preservation of traditional gender roles. Opponents argued that the amendment would lead to women being subject to conscription and potentially being required to serve in military combat roles. They believed that the ERA threatened the traditional social order and the perceived natural differences between men and women.
Despite the efforts of conservative activists, the ERA has continued to gain support and momentum in recent years. Several states, including Nevada, Illinois, and Virginia, have ratified the amendment, bringing the total number of ratifying states to 38. However, whether the ERA's protections for women's rights will be added to the Constitution remains an open question, with ongoing debates and legal challenges surrounding its inclusion.
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The ERA was first introduced in 1923, but failed to achieve ratification
The Equal Rights Amendment (ERA) was first introduced in the US Congress in 1923. It was written by Alice Paul and Crystal Eastman, and aimed to secure full equality for women by ending legal distinctions between men and women in matters such as divorce, property, employment, and other areas. Despite being reintroduced in each subsequent Congress, the ERA made little progress initially.
In 1943, Alice Paul revised the amendment to align with the Fifteenth and Nineteenth Amendments, and this text became Section 1 of the version passed by Congress in 1972. The ERA gained significant momentum in the 1960s and 1970s, with the rise of the women's movement and increasing support for political and social reform. It was reintroduced by Representative Martha Griffiths in 1971 and approved by the US House of Representatives that year, and by the US Senate in 1972.
The ERA was then submitted to the state legislatures for ratification, with a seven-year deadline set by Congress for 1979. Within a year, 30 states had ratified the amendment, but the momentum slowed due to opposition from conservative activists and concerns about the impact of the amendment on traditional family structures and societal norms. Despite a simple majority of Congress extending the deadline to 1982, the ERA ultimately failed to achieve ratification by the required three-quarters of states (38 states).
While the ERA is not currently part of the US Constitution, the debate around its ratification status continues. The failure to ratify the ERA did not significantly affect Supreme Court decisions regarding women's rights, and women achieved greater equality through other legal victories and legislation, such as the Voting Rights Act of 1965. However, the push for the ERA's adoption has continued, with recent ratifications by states like Nevada, Illinois, and Virginia, and ongoing efforts to certify it as part of the Constitution.
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The ERA has gained support from both women and men
The Equal Rights Amendment (ERA) was a proposed amendment to the United States Constitution that would explicitly prohibit gender discrimination. It was written by Alice Paul and Crystal Eastman and first introduced in Congress in December 1923. Despite gaining support from both women and men, it is not currently a part of the Constitution.
In the early history of the ERA, middle-class women were largely supportive, while those speaking for the working class were often opposed. Opponents argued that it would remove protections from women and make them eligible for the military draft. However, proponents asserted that it would end legal distinctions between men and women in matters such as divorce, property, and employment.
The ERA gained renewed support during the Social Movement Era of the 1960s, with the rise of the women's movement advocating for political and social reform. The amendment was reintroduced in Congress in 1971 by Representative Martha Griffiths and approved by the House of Representatives that year and by the Senate in 1972. This was due in part to the efforts of a new class of women lawmakers, including Reps. Martha Griffiths and Shirley Chisholm, who pushed to make the ERA a legislative priority.
The ERA received bipartisan support and was approved by 35 state legislatures, just three states short of the 38 required for ratification. Despite this, it faced resistance from conservative activists and the religious right, and ultimately missed the ratification deadline of 1982.
Public opinion played a significant role in the ERA gaining support from both women and men. Surveys conducted between 1970 and 1985 showed a steady increase in approval for strengthening the status of women, with 73% of women and 69% of men favoring such changes by 1985. This shift in public opinion led to legislative gains and the passage of numerous women's rights measures.
The efforts of women in politics and advocacy organisations also contributed to the ERA's support. Women officeholders promoted legislation impacting women, children, and families, and women's organisations pushed for legal and court victories that expanded rights, such as the Voting Rights Act of 1965. Additionally, President Carter showed strong support for the ERA and women's rights, appointing more women to his administration than his predecessors.
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Frequently asked questions
The Equal Rights Amendment is a proposed amendment to the United States Constitution that would explicitly prohibit sex discrimination.
The ERA was first introduced in Congress in December 1923 by Alice Paul and Crystal Eastman. It was then reintroduced in each subsequent Congress but made little progress. The amendment gained more support in the 1960s with the rise of the women's movement and was approved by the U.S. House of Representatives in 1971 and by the U.S. Senate in 1972.
The ERA is not currently a part of the Constitution, though its ratification status has long been debated. As of 2020, 38 states have ratified the ERA, but whether its protections for women’s rights will be added to the Constitution remains an open question.
Proponents of the ERA argue that it would end legal distinctions between men and women in matters including divorce, property, and employment, advancing the cause of equality in the twenty-first century.
Opponents of the ERA argue that it would remove protections from women and make them eligible to be drafted into the military. They also argue that it would undermine the constitutional order by sneaking in an amendment through an illegal process.
