Malcolm Rivera
The US Constitution has historically excluded women, with the founding documents making no mention of women at all. However, women have played a significant role in advocating for their inclusion and equal rights. Beginning in the mid-19th century, women's suffrage supporters lectured, wrote, marched, lobbied, and practiced civil disobedience to achieve voting rights. The 19th Amendment, passed in 1920, granted women the right to vote. Despite this victory, the fight for equality continued, with the Equal Rights Amendment (ERA) being conceptualized to guarantee inclusion and strengthen legal protections. The ERA, first drafted in 1921 by Alice Paul, asserts that the government will not pass laws or take action that discriminates based on sex. In 2020, Virginia became the 38th state to ratify the ERA, bringing it closer than ever to becoming a constitutional amendment.
| Characteristics | Values |
|---|---|
| The right to vote | Granted to women by the 19th Amendment in 1920 |
| The right to equal pay | Part of the Equal Rights Amendment (ERA) |
| The right to fair healthcare coverage | Part of the ERA |
| The right to protection against gender testing laws | Part of the ERA |
| The right to protection against discrimination against LGBTQ+ persons | Part of the ERA |
| The right to protection against rollbacks in women's rights | Part of the ERA |
| The right to be free from suppression and discrimination | Part of the ERA |
| The right to assemble and petition for a redress of grievances | Granted by Article I of the Amendments |
| The right to be included in the term "people" in the Constitution | Argued by Thomas Jefferson in 1774 |
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What You'll Learn
Women's right to vote
Women's suffrage in the United States was a long and difficult campaign that lasted several generations. Beginning in the mid-19th century, women and their supporters lectured, wrote, marched, lobbied, and practiced civil disobedience to achieve what many Americans considered a radical change to the Constitution. The 19th Amendment, passed in 1920, was the culmination of decades of activism and organising, with the first amendment being introduced in Congress in 1878.
The campaign for women's suffrage was not without its internal divisions, with some pursuing a strategy of passing suffrage acts in individual states, while others challenged male-only voting laws in the courts. Some suffragists also employed more confrontational tactics, such as picketing, silent vigils, and hunger strikes. Despite these varied approaches, the movement was united behind the goal of a constitutional amendment by 1916. When New York adopted woman suffrage in 1917 and President Wilson changed his position to support an amendment in 1918, the political balance began to shift in favour of women's voting rights.
The House of Representatives passed the amendment on May 21, 1919, and the Senate followed suit two weeks later. On June 4, 1919, Congress approved a joint resolution proposing the 19th Amendment, which was then ratified on August 18, 1920, when Tennessee became the 36th state to do so. This marked a significant milestone in the history of American democracy, as women's voting rights were finally guaranteed by law.
However, it is important to acknowledge that the 19th Amendment did not ensure full enfranchisement for all women. Women of colour and those with limited financial status continued to face barriers and discrimination when attempting to exercise their voting rights. Despite the legal victory, the fight for true equality in voting rights continued, with the Equal Rights Amendment (ERA) being conceptualised to guarantee inclusion and strengthen legal protections. The ERA, first drafted in 1921 by Alice Paul, asserts 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."
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The 19th Amendment
Beginning in the mid-19th century, generations of women's suffrage advocates lectured, wrote, marched, lobbied, and engaged in civil disobedience to achieve what many Americans considered a radical change to the Constitution. The campaign for women's suffrage was long and challenging, with supporters employing various strategies to achieve their goal. Some pursued a state-by-state approach, with nine western states adopting women's suffrage legislation by 1912, while others challenged male-only voting laws in the courts. More confrontational tactics, such as picketing, silent vigils, and hunger strikes, were also utilized.
By 1916, most major suffrage organizations united behind the goal of a constitutional amendment. The shift in political momentum became evident when New York adopted women's suffrage in 1917, and President Wilson voiced his support for an amendment in 1918. On May 21, 1919, the House of Representatives passed the amendment, and two weeks later, the Senate followed suit.
Despite the shortcomings, the 19th Amendment represented a pivotal moment in the fight for women's rights. It laid the foundation for further advancements and empowered women to continue advocating for equal treatment under the law, as envisioned by suffragists like Alice Paul, who drafted the Equal Rights Amendment (ERA) in 1921. The ERA aimed to strengthen legal protections and ensure inclusion for all women, demonstrating the enduring legacy of the 19th Amendment in the ongoing journey towards gender equality in the United States.
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The Equal Rights Amendment (ERA)
The text of the ERA has evolved over time, but its core principle has remained unchanged. The version passed by Congress in 1972 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 Congress shall have the power to enforce, by appropriate legislation, the provisions of this article." This version included a seven-year deadline for ratification, which was later extended to 1982. Despite bipartisan support from political leaders and activists like Coretta Scott King and Shirley Chisholm, the ERA faced opposition from labor unions and some women's groups, who feared it would invalidate protective labor legislation for women.
The ERA gained momentum in the 1960s with the rise of the women's movement and was reintroduced in Congress by Representative Martha Griffiths in 1971. By the time it was approved by Congress in 1972, it had received widespread support from both parties and people from all walks of life. However, the ERA faced challenges in achieving the required ratification by three-quarters of the states (38 states). While 38 states eventually ratified the ERA, five states rescinded their approval, and the original ratification deadlines lapsed.
Despite these setbacks, activists and lawmakers continued to advocate for the ERA, recognizing its importance in ensuring gender equality and addressing ongoing discrimination. In 2020, Virginia became the 38th state to ratify the ERA, reigniting the discussion about its path to final enshrinement in the Constitution. In 2021, the U.S. House of Representatives voted to remove the time limit on the ERA's ratification, demonstrating the continued push for its inclusion in the nation's supreme law.
The ERA is significant because it seeks to address pervasive gender discrimination, wage disparities, sexual harassment, violence, and unequal representation in American institutions. It is not just about women's rights but about guaranteeing equality for all Americans. The ongoing efforts to include the ERA in the Constitution reflect a commitment to upholding the promise of equality and ensuring that discrimination on the basis of sex is explicitly prohibited.
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Women's influence on the Founding Fathers
The US Constitution, as it stands, does not mention women at all. However, women have had a profound influence on the Founding Fathers and the creation of the nation's supreme law.
In August 1774, Thomas Jefferson, in "A Summary View of the Rights of British America," asserted that women had the right to vote on the same terms as men. In his interpretation of the constitution, he argued that the word "people" included women and that they were embraced in its provisions just as men were. He believed that women should exercise their right to vote without molestation or delay and that men should support them in doing so.
Abigail Adams, wife of John Adams, famously advised her husband to "remember the ladies," yet he and the other founders omitted any mention of women in the founding documents. Despite this, women have played a significant role in shaping the Constitution over time, particularly in the fight for suffrage and equal rights.
Beginning in the mid-19th century, generations of women's suffrage supporters worked tirelessly through lecturing, writing, marching, lobbying, and civil disobedience to achieve what was considered a radical change to the Constitution. The campaign for women's suffrage united various women's organizations behind the goal of a constitutional amendment. This culminated in the 19th Amendment, which was passed by Congress on June 4, 1919, and ratified on August 18, 1920, granting women the right to vote.
The fight for equality continued with the Equal Rights Amendment (ERA), first drafted in 1921 by Alice Paul, a suffrage leader, and head of the National Women's Party. The ERA aimed to guarantee inclusion and strengthen legal protections for women, ensuring that the government would not pass laws or take action that discriminates based on sex. By 1972, the ERA had received bipartisan support and was passed by Congress. However, the journey towards true gender equality in the Constitution remains ongoing, with efforts to remove the ERA ratification deadline and ensure equal rights for all, regardless of gender identity or sex.
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Women's role in the suffrage movement
Women's suffrage in the United States was a long and difficult campaign that lasted for several generations. Beginning in the mid-19th century, women and their supporters lectured, wrote, marched, lobbied, and practiced civil disobedience to achieve what many Americans considered a radical change to the Constitution. Strategies for achieving this goal varied. Some pursued a strategy of passing suffrage acts in each state, while others challenged male-only voting laws in the courts. Some suffragists used more confrontational tactics such as picketing, silent vigils, and hunger strikes.
By 1878, when the amendment was first introduced in Congress, champions of voting rights for women worked tirelessly for decades. Finally, in 1916, almost all of the major suffrage organizations united behind the goal of a constitutional amendment. When New York adopted women's suffrage in 1917 and President Wilson changed his position to support an amendment in 1918, the political balance began to shift. On May 21, 1919, the House of Representatives passed the amendment, and two weeks later, the Senate followed.
On June 4, 1919, Congress approved a joint resolution proposing a constitutional amendment extending the right of suffrage to women. When Tennessee became the 36th state to ratify the amendment on August 18, 1920, the amendment passed its final hurdle of obtaining the agreement of three-fourths of the states. The 19th Amendment, which granted women the right to vote, was certified on August 26, 1920, changing the face of the American electorate forever.
Despite this victory, the struggle for full enfranchisement continued for decades, as many women of colour and those with limited financial status remained targets of suppression and discrimination. To address these ongoing inequalities, the Equal Rights Amendment (ERA) was conceptualized to guarantee inclusion and strengthen legal protections. The ERA was first drafted in 1921 by Alice Paul, a suffrage leader, and head of the National Women's Party. By the time Congress passed the ERA in 1972, it had received support from leaders of both parties, multiple organizations, and people from all walks of life.
The ERA stands as a promise that the government will not pass laws or take any official action that discriminates against its people based on sex or gender identity. It seeks to ensure equal pay, fair healthcare coverage, protection against gender testing laws, prevention of discrimination against LGBTQ+ persons, and protection against rollbacks in women's rights. The journey to enshrine equal rights among the sexes in the US Constitution has been long and ongoing, but it is a crucial step towards a more just and equitable society for all Americans.
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Frequently asked questions
No, the US Constitution did not originally give women the right to vote. However, Thomas Jefferson, in a tract entitled "A Summary View of the Rights of British America" in 1774, stated that "women have a right to vote today, on precisely the same terms as men". The 19th Amendment, passed in 1920, finally granted women the right to vote.
The Equal Rights Amendment was an amendment to the US Constitution that aimed to guarantee equal rights for women. It was first drafted in 1921 by Alice Paul, a suffrage leader, and head of the National Women's Party. The ERA was passed by Congress in 1972 and ratified by 38 states as of January 27, 2020.
Women played a significant role in the creation of the ERA through their activism and advocacy. Beginning in the mid-19th century, generations of women's suffrage supporters lectured, wrote, marched, lobbied, and practiced civil disobedience to achieve constitutional change. Notable women who contributed to the ERA include Alice Paul, Coretta Scott King, and Shirley Chisholm.
