Simone Lawson
The Equal Rights Amendment (ERA), a proposed amendment to the United States Constitution, has been a topic of discussion for over a century. The ERA seeks to explicitly prohibit sex discrimination and enshrine gender equality in the Constitution, ensuring that men and women are treated equally under the law. Despite gaining momentum in the 1960s and receiving approval from both chambers of Congress in 1972, the ERA has not been formally recognised as part of the Constitution. With 38 states having ratified the amendment, the debate continues on whether its protections for women's rights will be included in the Constitution.
| Characteristics | Values |
|---|---|
| Current status | Not a part of the US Constitution |
| History | First proposed in 1921, introduced in Congress in 1923 |
| Passed both chambers of Congress in 1972 | |
| 38 states have ratified the amendment as of 2020 | |
| Three-fourths of US states have ratified the amendment | |
| Virginia was the 38th and final state needed to ratify the amendment | |
| Met the ratification requirements of Article V of the Constitution | |
| Supporters | Alice Paul, Crystal Eastman, Martha Griffiths, Ruth Bader Ginsburg, Kirsten Gillibrand, Cori Bush, Ayanna Pressley, Pat Spearman, Steven Andersson, Julie Suk, and others |
| Opposition | Conservative activists, Phyllis Schlafly (led the STOP ERA campaign) |
| Impact | Strengthen legal protections against sex discrimination in areas including gender-based violence, education, the workplace, and access to reproductive healthcare |
| Create a new category of judicial review for sex discrimination cases | |
| Provide a constitutional foundation for Congress to pass new laws protecting women and girls |
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What You'll Learn
The Equal Rights Amendment (ERA) is not part of the US Constitution
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would explicitly prohibit gender discrimination. Despite meeting the requirements of Article V of the Constitution, it has not been certified and published as part of the Constitution.
The ERA was first proposed and introduced in Congress in 1923 by Alice Paul, the leader of the National Woman's Party, and Crystal Eastman. It stated that "Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction." At the time, supporters of women's rights were divided over the desirability of the ERA. Some feared it would eliminate labour laws regulating working conditions for women, while others believed that "gendered citizenship" had traditionally disadvantaged women and should no longer be constitutional.
The ERA gained increasing support with the rise of the women's movement in the 1960s. 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, thus submitting the ERA to the state legislatures for ratification. Within a year, 30 of the necessary 38 states acted to ratify the ERA. However, momentum slowed due to opposition from conservative activists, and support for the ERA eroded, especially among Republicans.
Despite the ERA meeting the ratification requirements, there are still questions about whether its protections for women's rights will be added to the Constitution. In 2020, Virginia became the 38th state to ratify the ERA, and it has been argued that this should make the ERA the 28th Amendment to the Constitution. However, this has not yet been officially recognised, and there is ongoing debate and legal action regarding its status.
The ERA is intended to solidify constitutional gender equality protections and send a clear message that the United States is committed to the inherent equality of all people. Its passage would strengthen legal protections against discrimination and further women's rights and gender equality in all aspects of American life.
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The ERA has been ratified by 38 states
The Equal Rights Amendment (ERA) was first proposed in 1921 by Alice Paul, the head of the National Woman's Party, and introduced in Congress in 1923. The ERA is a proposed amendment to the United States Constitution that would explicitly prohibit gender discrimination. It states that "Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction."
Despite the ERA's long history, it has not been formally recognized as part of the Constitution. In 1972, the United States Supreme Court extended equal protection to sex-based discrimination, but women have never been entitled to full equal protection. The ERA has faced a contentious path, with supporters of women's rights divided over its potential impact.
However, as of 2020, 38 states have ratified the ERA, meeting the requirements of Article V of the Constitution for an amendment to be valid. Virginia became the 38th and final state needed to ratify the ERA, and the amendment has been submitted to the National Archives and Records Administration (NARA). According to the Constitution, amendments take effect when three-quarters of the states, or 38 states, ratify them.
Despite meeting the ratification requirements, the ERA has not been certified and published as part of the Constitution. There have been legal challenges and debates about the ERA's validity, and its future remains uncertain. Supporters of the ERA continue to advocate for its adoption, emphasizing the need to enshrine gender equality in the Constitution.
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The ERA was first proposed in 1921
The Equal Rights Amendment (ERA) was first proposed in 1921 when the National Woman's Party announced its plans to campaign for an amendment to the U.S. Constitution to guarantee women equal rights with men. Alice Paul, the head of the National Woman's Party, believed that the Nineteenth Amendment would not be enough to ensure that men and women were treated equally regardless of sex.
On December 10, 1923, Alice Paul and Crystal Eastman introduced the ERA in Congress. It stated: "Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction. Congress shall have the power to enforce this article by appropriate legislation."
The ERA has been reintroduced several times since its original proposal, and it has gained significant support, especially with the rise of the women's movement in the United States during the 1960s. In 1971, Representative Martha Griffiths reintroduced the ERA, and it was approved by the U.S. House of Representatives that year and by the U.S. Senate in 1972, thus submitting it to the state legislatures for ratification.
Despite the ERA's long history and the efforts of many supporters, it has yet to be formally recognized as part of the U.S. Constitution. However, in recent years, there has been renewed momentum, with 38 states having ratified the amendment as of 2020. The ERA has met the ratification requirements outlined in Article V of the Constitution, and leading constitutional scholars have affirmed that it should be considered valid and enforceable as the 28th Amendment.
The adoption of the ERA would have significant implications for gender equality in the United States, strengthening legal protections against sex discrimination and advancing women's rights in various facets of American life.
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The ERA would prohibit sex discrimination
The Equal Rights Amendment (ERA) was a proposed amendment to the United States Constitution that would explicitly prohibit sex discrimination. It is not currently a part of the Constitution, though its ratification status has long been debated. The ERA was first proposed and introduced in Congress in 1923 by Alice Paul, the head of the National Woman's Party, and it stated that men and women should have equal rights throughout the United States and every place subject to its jurisdiction. Congress shall have the power to enforce this article by appropriate legislation.
The ERA has the potential to achieve vital progress, with its impact extending to a number of areas. For example, it could enhance existing statutory protections against pay discrimination and bolster individual legal challenges to discriminatory conduct. It could also provide additional legal support in cases challenging the government and its efforts to disadvantage survivors of sexual assault or harassment.
However, some argue that the ERA would likely prohibit the government from adopting policies designed to advance women's equality. This is because the Court interprets equality rights in a formalistic way that views any benefit to one group as discrimination against the group not benefited. Additionally, the ERA would not create any new legislative authority to advance sex equality that does not currently exist under the Equal Protection Clause.
Despite the ongoing debate, the ERA has met the ratification requirements of the Constitution's Article V, and many argue that it is the 28th Amendment to the Constitution. With Virginia becoming the 38th and final state needed to ratify the ERA in 2020, the amendment has met all requirements to become an amendment and is now awaiting certification and publication.
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The ERA would empower Congress to enforce equal rights
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would explicitly prohibit sex discrimination. It was first proposed and introduced in Congress in 1923 by Alice Paul, the leader of the National Woman's Party, and Crystal Eastman. The ERA states that ""Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction".
While the ERA is not currently a part of the Constitution, it has been ratified by 38 states, which is the number of states required for an amendment to be added to the Constitution. However, there is still debate over whether the ERA should be certified and published as part of the Constitution.
The ERA would also create a new category of judicial review for sex discrimination cases, unencumbered by previous levels of scrutiny. This would mean that courts would have an unassailable basis for applying the principle of equal justice under the law for all men and women, as guaranteed by the Constitution.
Furthermore, the ERA sends a clear message that the United States is committed to the inherent equality of all people, which is especially important amid increasing attacks on reproductive rights and the persistent gender wage gap. The ERA would also help to advance the cause of equality in the twenty-first century and build a more just and equitable society.
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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 proposed in 1921 by the National Woman's Party, led by Alice Paul, and introduced in Congress in 1923. It has been reintroduced multiple times since then and has gained support from various political parties and activists.
The ERA would empower Congress to strengthen legal protections against sex discrimination in areas such as gender-based violence, education, the workplace, and access to reproductive healthcare. It would also send a clear message that the United States values the inherent equality of all people.
The ERA has been ratified by 38 states, which meets the requirements for it to become an amendment to the Constitution. However, it has not yet been certified and published as part of the Constitution, and there is ongoing debate about its ratification status.
The ERA is not currently a part of the Constitution. Efforts are still being made to adopt it, and it continues to be a priority for many activists and politicians.
