Malcolm Rivera
The 19th Amendment to the U.S. Constitution, passed in 1920, granted women the right to vote. This was a significant milestone in the lengthy and challenging campaign for women's suffrage, which involved lecturing, writing, marching, lobbying, and civil disobedience. While the 19th Amendment guaranteed the right to vote regardless of sex, it did not ensure full equality for women. The National Organization for Women and other feminist scholars have advocated for an explicit guarantee of equality for women in the Constitution, such as through the Equal Rights Amendment (ERA). The ERA, recognised by President Joe Biden as the 28th Amendment, aims to solidify constitutional equality and empower Congress to address gender and economic inequity through legislation.
| Characteristics | Values |
|---|---|
| Women's right to vote | The 19th Amendment |
| Guarantee of equality for women | The 28th Amendment (Equal Rights Amendment) |
| Women as members of society | The liberalism of the Constitution |
| Implicit inclusion of women | Mention of "sex" |
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What You'll Learn
- The 19th Amendment (1920) granted women the right to vote
- The 28th Amendment (2025) solidifies women's rights
- The Equal Rights Amendment (ERA) guarantees equal rights for women
- Women's rights were not discussed during the Constitutional Convention
- The Constitution rests on an inclusive theory of representation
The 19th Amendment (1920) granted women the right to vote
The 19th Amendment, passed in 1920, was the culmination of a decades-long movement for women's suffrage in the United States. The campaign for women's right to vote was long and difficult, with victory requiring decades of agitation and protest. Beginning in the mid-19th century, several generations of women's suffrage supporters lectured, wrote, marched, lobbied, and practiced civil disobedience to achieve what many Americans considered a radical change to the Constitution.
The first women's suffrage amendment was introduced in Congress in 1878 but was rejected in 1887. In the 1890s, suffrage organizations focused on a national amendment while still working at the state and local levels. In the six years following the formation of the National American Woman Suffrage Association (NAWSA) in 1890, Colorado, Wyoming, Utah, and Idaho adopted amendments to their state constitutions, granting women the right to vote. By 1912, nine western states had adopted women's suffrage legislation.
In 1916, almost all of the major suffrage organizations were united behind the goal of a constitutional amendment. The following year, New York adopted women's suffrage, and President Wilson changed his position to support an amendment. On May 21, 1919, the House of Representatives passed the amendment, and two weeks later, the Senate followed.
Finally, on August 18, 1920, Tennessee became the 36th state to ratify the amendment, marking the final hurdle of obtaining the agreement of three-fourths of the states. The 19th Amendment legally guarantees American women the right to vote, stating that "the right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex."
While the 19th Amendment was a significant milestone, it did not ensure full enfranchisement for all women. In practice, it only gave white women the right to vote, as Black women, Indigenous women, Asian American women, and women from other racial and ethnic minority groups continued to face discrimination and voter suppression. It would take another 45 years and the passage of the Voting Rights Act of 1965 for these women to gain the same legal protections as white women.
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The 28th Amendment (2025) solidifies women's rights
The 28th Amendment to the U.S. Constitution, also known as the Equal Rights Amendment (ERA), was a significant milestone in the pursuit of gender equality and solidified women's rights. The amendment, recognised by President Joe Biden in 2025, affirmed that equality of rights under the law shall not be denied or abridged by the United States or any state based on sex. This amendment addressed the long-standing struggle for women's equity and built upon the 19th Amendment, which granted women the right to vote a century earlier in 1920.
The journey towards the 28th Amendment began with the efforts of early suffragists in the mid-19th century, who lectured, wrote, marched, lobbied, and practised civil disobedience to challenge societal norms. The 19th Amendment, achieved through their tireless work, was a pivotal moment in recognising women's suffrage. However, it did not guarantee full equality for women, and the fight for comprehensive representation in the Constitution persisted.
The ERA gained momentum in 1970, driven by a new class of women lawmakers who prioritised its legislative advancement. Despite facing resistance, the amendment passed both chambers of Congress in 1972 with strong bipartisan support. The subsequent ratification process by the states faced challenges from conservative activists, resulting in a loss of momentum. Nevertheless, the dedication of hundreds of thousands of Americans advocating for gender equality persevered, and by 2025, 38 states had ratified the ERA.
The impact of the 28th Amendment is profound, providing a solid foundation for a gender-equal future. It empowers Congress to enact robust federal laws that protect women, girls, and all marginalised genders. The amendment specifically addresses discrimination based on sex, covering women, men, and individuals across the gender spectrum, including trans people. Additionally, it strengthens legal recourse for women facing pay and employment discrimination, improving their chances of justice in the courtroom.
While the federal 28th Amendment focuses on prohibiting discrimination based on sex, some states have gone further with their own Equal Rights Amendments (ERAs). These state-level ERAs include additional categories such as race, colour, creed, sexual orientation, gender identity or expression, age, disability, and ancestry or national origin. The interplay between federal and state-level ERAs ensures a comprehensive framework for protecting the rights of women and other marginalised groups.
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The Equal Rights Amendment (ERA) guarantees equal rights for women
The Equal Rights Amendment (ERA) is a proposed amendment to the US Constitution that guarantees equal rights for women. The text of the ERA states that "equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex". The ERA was first introduced to Congress in 1923, three years after the Nineteenth Amendment granted women the right to vote.
The ERA was written by Alice Paul and Crystal Eastman, two leaders of the women's suffrage movement. They believed that enshrining the principle of gender equality in the Constitution would help to overcome many of the obstacles that kept women as second-class citizens. Beginning in 1923, lawmakers introduced the ERA in every session of Congress, but it made little progress until the 1970s due to the male-dominated composition of Congress at the time.
In 1971, the ERA was reintroduced by Representative Martha Griffiths and approved by the US House of Representatives. The following year, it was approved by the US Senate and submitted to the state legislatures for ratification, with a seven-year deadline for ratification included in the legislation by Congress. Despite this deadline being extended to 1982, the ERA fell short of the necessary 38 states for ratification. However, in 2020, Virginia became the 38th state to ratify the ERA, technically pushing it across the threshold.
Despite this, there are still hurdles in the ERA's path. The ratification deadlines set by Congress have lapsed, and five states have rescinded their prior approval. The ERA has faced opposition from conservative religious and political organizations, with arguments focusing on the importance of traditional gender roles and fears that women would lose certain privileges and protections. However, supporters of the ERA argue that failure to adopt the amendment would cause women to lose many gains and give a negative mandate to courts and legislators regarding feminist issues.
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Women's rights were not discussed during the Constitutional Convention
Women's rights were not a significant focus during the Constitutional Convention, and the fight for women's suffrage and equality has been a long and arduous journey. The 14th Amendment, which granted citizenship and "equal protection of the laws" to those born in the United States, was interpreted differently regarding women's rights. While some argued that it guaranteed equality for women, others, like Justice Antonin Scalia, disagreed, stating that it did not include women.
The 15th Amendment addressed voting rights, stating that citizenship and the right to vote should not be denied based on "race, color, or previous condition of servitude." However, it notably excluded women from the voting process, highlighting the need for further amendments to include women's rights explicitly.
The National Woman Suffrage Association (NWSA), founded in 1869 by Anthony and Stanton, worked tirelessly for a federal constitutional amendment to guarantee all American women the right to vote. They introduced the "Anthony Amendment" in Congress in 1878, stating that citizenship and the right to vote should not be denied based on sex. Despite these efforts, women's rights were not a central topic during the Constitutional Convention.
During the 1889 Constitutional Convention in North Dakota, the question of school suffrage for women was debated. While women had the right to vote on school issues since 1883, there were attempts to limit this right. Lorenzo Bartlett proposed an amendment to restrict school suffrage to "any single woman," which was opposed by Reuben Stevens. The debate reflected the varying attitudes and resistance toward women's suffrage.
It is important to note that the fight for women's suffrage extended beyond the Constitutional Convention. Beginning in the mid-19th century, supporters of women's suffrage lectured, wrote, marched, lobbied, and practiced civil disobedience to achieve what many considered a radical change. The 19th Amendment, passed in 1920, was a significant milestone, guaranteeing women the right to vote. However, it did not ensure full equality, and the struggle for women's rights continued.
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The Constitution rests on an inclusive theory of representation
The Constitution of the United States has historically excluded women, with the delegates at the Continental Congress debating taxation and representation based on population and wealth, and the issue of slavery, without any mention of women's rights or duties. However, the mention of "sex" in the Three-Fifths Clause, despite being fleeting and inadvertent, indicates that the Constitution is based on an inclusive theory of representation. This implicit inclusion of women suggests a more expansive liberalism than generally imagined, with the new government responsible for the happiness of all members of society, including women.
The 19th Amendment, passed in 1920, was a significant step towards recognising women's rights in the Constitution. This amendment granted women the right to vote, marking a radical change in the Constitution after decades of agitation and protest by women's suffrage supporters. Despite this milestone, the struggle for women's equality continued, with African American and minority women facing additional barriers to voting rights.
The Equal Rights Amendment (ERA), recognised by President Joe Biden as the 28th Amendment, further solidified women's rights in the Constitution. The ERA asserts that equality of rights under the law shall not be denied or abridged on account of sex. This amendment addresses gender discrimination and provides a foundation for building a gender-equal future through litigation and legislation. The recognition of the ERA as part of the Constitution reflects the will of the people, with a majority of Americans supporting its inclusion.
While the ERA represents a substantial advancement, there are differing interpretations of its impact. Some argue that it empowers Congress to address systemic biases and create a social framework to acknowledge and address gender inequity. However, the effectiveness of the ERA in ensuring equality for women remains to be seen, as evidenced by the ongoing debates surrounding abortion care and reproductive rights.
In conclusion, the Constitution's mention of "sex" and the inclusion of the 19th and 28th Amendments reflect an inclusive theory of representation. However, the ongoing struggles for women's rights and equality demonstrate the need for continued efforts to ensure that the Constitution's promises are fully realised for all women.
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Frequently asked questions
The 19th Amendment to the U.S. Constitution granted women the right to vote. Passed by Congress on June 4, 1919, and ratified on August 18, 1920, the amendment legally guarantees American women the right to vote.
The Equal Rights Amendment is a proposed amendment to the Constitution that guarantees equal rights for women. The ERA reads, "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex."
The ERA is important because it solidifies women's rights in the Constitution and advances the cause of equality in the 21st century. The ERA will empower Congress to enforce gender equity through legislation and create a social framework to formally acknowledge systemic biases that often limit women's daily experiences.
As of 2025, President Joe Biden formally recognized the ERA as the 28th Amendment to the U.S. Constitution. Thirty-eight states have ratified the ERA, and it has received support from a majority of Americans. However, whether its protections for women's rights will be added to the Constitution remains to be seen.
