Simone Lawson
The Equal Rights Amendment (ERA) is a proposed amendment to the US Constitution that would guarantee equal rights for women. Despite being first proposed in 1923, the ERA has not been added to the Constitution. The ERA has been ratified by 38 states, but its future remains uncertain due to legal and procedural challenges. Supporters of the ERA argue that it is essential for providing legal protections for women, while opponents worry it would enable unlimited legal abortion. The ongoing debate surrounding the ERA highlights the continued struggle for gender equality in the United States.
| Characteristics | Values |
|---|---|
| Current status of the Equal Rights Amendment (ERA) | Not added to the US Constitution |
| Number of states that have ratified the ERA | 38 |
| Number of states needed to add the ERA to the Constitution | 38 |
| Number of states that have rescinded their ratification of the ERA | 5 |
| ERA's ratification deadline | Passed in 1982 |
| Biden's statement on the ERA | "The Equal Rights Amendment has cleared all necessary hurdles to be formally added to the Constitution as the 28th Amendment." |
| Biden's actions post the statement | Will not order the Archivist of the United States to certify the ERA |
| Archivist's office response | "The ERA cannot be certified as part of the Constitution due to established legal, judicial, and procedural decisions." |
| Current discussions in Congress | To bring the ERA to the floor again without a deadline on ratification |
Explore related products
What You'll Learn
The ERA's impact on abortion rights
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would explicitly prohibit sex discrimination. It was written by Alice Paul and Crystal Eastman and was first introduced in Congress in December 1923.
The ERA has been opposed by anti-abortion groups who argue that it would be interpreted to allow legal abortion without limits and with taxpayer funding. These groups believe that the ERA would enshrine abortion and homosexuality in the Constitution, and that it represents a threat to family life and matters of ethics and morals.
On the other hand, supporters of the ERA argue that opposition to the amendment is rooted in misogyny and a desire to keep women down. They claim that the anti-abortion argument is a "red herring" and that the ERA is simply about guaranteeing equality for men and women in the Constitution.
The impact of the ERA on abortion rights is a highly contested issue. Some, like Senator Paul Tsongas, have argued that the effect of the ERA on abortion rights would be up to the courts to decide. Constitutional attorneys and other experts have predicted that the ERA would pass both the House and the Senate with an amendment stating that nothing in the ERA should be construed to grant or secure any right relating to abortion or its funding.
The ERA has faced a long and complex path to ratification, with 38 states having finally ratified it as of 2020. However, its inclusion in the Constitution remains uncertain, with some arguing that the original ratification deadline has passed and that it cannot be added without an extension or removal of that deadline by Congress or the court system.
In conclusion, the ERA's impact on abortion rights remains a subject of debate, with anti-abortion groups fearing that it will lead to unrestricted abortion access and pro-choice groups arguing that it is simply about guaranteeing equality. The ultimate interpretation and implementation of the ERA with regards to abortion rights would likely depend on the courts and future legal challenges.
Hunting and Fishing: Constitutional Amendments Explained
You may want to see also
The ERA's influence on gender equality advocacy
The Equal Rights Amendment (ERA) has had a significant influence on gender equality advocacy in the United States. First drafted in 1923 by two leaders of the women's suffrage movement, Alice Paul and Crystal Eastman, the ERA was seen as the next logical step after women gained the right to vote through the 19th Amendment. The ERA aims to enshrine the principle of gender equality in the Constitution, guaranteeing that rights are held equally by all citizens regardless of sex.
The ERA has sparked public debate and advocacy for women's rights, with supporters arguing that it is necessary to address pervasive gender discrimination in areas such as wage disparities, sexual harassment, violence, and unequal representation. The amendment has faced opposition, including from anti-abortion groups and those with traditional views of gender roles. Despite these challenges, the ERA has gained widespread support and has been ratified by 38 states as of 2020, reflecting a renewed push for gender equality.
The influence of the ERA can be seen in the increased political involvement of women, with grassroots efforts to address gender discrimination and a growing number of women running for political office. The ERA has also impacted legal reasoning and decisions, with advocates arguing that it is necessary to prevent a rollback of women's rights and ensure fair consideration of women's experiences in court rulings. The amendment has set a tone for legal discussions around gender equality, with potential positive cumulative effects over time.
Additionally, the ERA has highlighted the importance of language in the Constitution explicitly affirming equal rights regardless of sex. Without the ERA, gender-based discrimination can be challenging to prove in court, and political and judicial victories for women's rights remain vulnerable to erosion or reversal. The ERA seeks to provide stronger legal protections against sex discrimination and ensure that rights are equally applied and protected for all citizens.
Overall, the ERA has played a crucial role in advancing gender equality advocacy by raising awareness, fostering political participation, influencing legal discourse, and striving to ensure that the Constitution explicitly guarantees equal rights for women and men.
Understanding Initiated Constitutional Amendment
You may want to see also
The number of states that have ratified the ERA
The Equal Rights Amendment (ERA) is a proposed amendment to the US Constitution that guarantees equal rights for women. It states that three-quarters of US states (38 states) must ratify the amendment for it to be added to the Constitution.
By 1977, 35 states had approved the amendment, and in 1978, Congress extended the deadline from March 1979 to June 30, 1982. However, no additional states voted yes, and the ERA fell three states short of ratification. The 15 states that did not ratify the ERA by the 1982 deadline were Alabama, Arizona, Arkansas, Florida, Georgia, Illinois, Louisiana, Mississippi, Missouri, Nevada, North Carolina, Oklahoma, South Carolina, Utah, and Virginia.
In recent years, there has been a resurgence of women's activism, and the ERA has once again gained attention. Nevada ratified the ERA in 2017, Illinois in 2018, and Virginia in 2020, becoming the 36th, 37th, and 38th states to do so, respectively.
However, five states—Idaho, Kentucky, Nebraska, South Dakota, and Tennessee—have voted to rescind their ratification of the ERA between 1972 and 1982. There are debates about the validity of rescissions, with some arguing that they are not valid according to the constitutional amendment process. Despite reaching the required number of states, the ERA has faced legal challenges and has not been officially added to the Constitution.
Understanding India's 25th Amendment: Presidential Powers Explained
You may want to see also
Explore related products
$13.19 $14.95
The ERA's ratification deadline
The Equal Rights Amendment (ERA) was passed by Congress on March 22, 1972, and sent to the states for ratification. It needed approval by legislatures in three-fourths (38) of the 50 states to be added to the Constitution. By 1977, 35 states had approved the amendment. However, the ERA faced opposition and advocacy slowed down. Only five states approved the ERA between 1974 and 1977.
In 1978, with the original deadline of March 1979 approaching, Congress voted to extend it to June 30, 1982. Despite this extension, no additional states voted yes before the new deadline, and the ERA fell three states short of ratification. The ERA was, therefore, not added to the Constitution.
The question of whether states can rescind their ratification of a constitutional amendment before it is ratified is a complex one. While some states have attempted to rescind their ratification of the ERA, the Constitution does not explicitly address this issue. Legal scholars and advocates dispute whether ratification is a one-time event that cannot be undone.
Despite the ERA not meeting the ratification deadline, there are ongoing efforts to ratify the amendment. In recent years, Nevada, Illinois, and Virginia have become the latest states to ratify the ERA, and it has received bipartisan support. Proponents argue that the ERA can advance equality in the twenty-first century. However, as of January 15, 2020, when Virginia became the 38th state to ratify, the ERA is still not part of the Constitution.
The Power to Pass Constitutional Amendments
You may want to see also
The history of the Equal Rights Amendment
The Equal Rights Amendment (ERA) has had a long and tumultuous history in the United States. The fight for equal rights for women has been a part of the American discourse since the nation's inception, with Abigail Adams writing to her husband John Adams in 1776, urging him to "remember the ladies" while crafting the new government.
The first version of the ERA, known as the Lucretia Mott Amendment, was introduced in 1923 by Alice Paul, a renowned American suffragette. The amendment stated that "Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction." Despite support from reformers like Amelia Earhart and the National Woman's Party, the ERA faced opposition from those who feared it would undo the progress made through protective labor laws that treated men and women differently. Alice Paul revised the amendment in 1943 to align with the wording of the Fifteenth and Nineteenth Amendments, and it continued to be reintroduced in each subsequent Congress.
In the 1960s, with the rise of the women's movement, the ERA gained renewed momentum. Representative Martha Griffiths reintroduced the amendment in 1971, and it was approved by the U.S. House of Representatives that year and by the U.S. Senate in 1972. The ERA was then submitted to the state legislatures for ratification, with a seven-year deadline set by Congress for 1979. By 1973, thirty states had ratified the amendment, but progress slowed, and opposition gained traction. Opponents argued that the ERA was a federal power grab and threatened existing power structures. Despite widespread public support, the ERA faced resistance from anti-abortion groups, religious fundamentalists, and states' rights advocates.
The deadline for ratification was later extended to 1982, but the ERA fell short of the required 38 states for ratification. Despite ongoing efforts, the amendment has not been added to the Constitution, and questions remain about its future. However, in recent years, there has been a renewed push for adoption, with Nevada, Illinois, and Virginia becoming the latest states to ratify the ERA in 2017, 2018, and 2020, respectively. The ERA continues to be a subject of debate, with scholars and advocates disputing the legality of state rescissions and the authority of Congress to extend or remove deadlines.
Amendments: The Constitution's Living Evolution
You may want to see also
Frequently asked questions
The Equal Rights Amendment is a proposed amendment to the US Constitution that would guarantee equal rights for women.
No. Despite receiving the required number of ratifications from 38 states, the ERA has not been certified as part of the Constitution due to legal, judicial, and procedural challenges.
The ERA continues to be a crucial issue for advocates of gender equality in the United States, and there are ongoing discussions in Congress about bringing it to the floor again without a ratification deadline.
While the ERA has received the required number of state ratifications, it has faced legal challenges and opposition. Some states have also attempted to rescind their prior ratifications. The National Archives and the Archivist's office have stated that they do not intend to certify the ERA due to established legal and procedural reasons.
