Eleanor Finch
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would explicitly prohibit gender discrimination. The ERA was first proposed in 1923 by Alice Paul and Crystal Eastman, two leaders of the women's suffrage movement. While the ERA has gained significant support over the years and was approved by Congress in 1972, it has not been ratified by the required number of states and is therefore not currently a part of the Constitution. However, there is ongoing debate and legal action surrounding the ERA's ratification status, with some arguing that it should be considered part of the Constitution despite missing the ratification deadline.
| Characteristics | Values |
|---|---|
| Purpose | To guarantee equal legal rights for all American citizens regardless of sex |
| History | First proposed in 1923 by Alice Paul and Crystal Eastman, leaders of the women's suffrage movement; re-introduced in 1971 by Representative Martha Griffiths |
| Current Status | Not currently part of the Constitution; its ratification status is debated |
| Support | Increasing support with the rise of the women's movement in the 1960s; supported by former President Joe Biden |
| Opposition | Some argue it would remove protections for women and make them eligible for the military draft |
| Impact | Empower Congress to address gender and economic inequity through legislation and create a social framework to acknowledge systemic biases |
| Ratification | Requires ratification by three-quarters of the states, or 38 states; currently has met this threshold but faces procedural hurdles |
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What You'll Learn
- The Equal Rights Amendment (ERA) is not part of the US Constitution
- ERA's purpose is to guarantee equal legal rights for all US citizens regardless of sex
- ERA ratification status has been debated for a century
- ERA's constitutional validity is disputed due to ratification deadlines
- ERA supporters argue for its inclusion as the 28th Amendment
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. It was first introduced in Congress in 1923 by Alice Paul and Crystal Eastman, two leaders of the women's suffrage movement. While the ERA has garnered significant support over the years, it has not been ratified and is not currently a part of the Constitution.
The ERA aims to guarantee equal legal rights for all American citizens regardless of sex. It seeks to eliminate legislative distinctions between men and women in areas such as divorce, property, and employment. Proponents of the ERA argue that it would empower Congress to address gender equity through legislation and create a social framework that acknowledges systemic biases affecting women.
However, the ERA has faced opposition and debate over its ratification status. The amendment was approved by the US House of Representatives in 1971 and by the US Senate in 1972, triggering a process for state legislatures to ratify it. Congress set a deadline for ratification, which was later extended to 1982. Despite support from a majority of states, five states have rescinded their approval, and the original deadline has lapsed.
The authority of Congress to extend the deadline has been disputed, and the ERA has not been certified as part of the Constitution. In 2020, the Office of Legal Counsel of the US Department of Justice affirmed the validity of the original deadline, and the Archivist of the United States stated that the ERA could not be certified due to legal, judicial, and procedural decisions. While former President Joe Biden expressed support for the ERA, his statement had no legal effect, as the President is not assigned a role in the amendment process outlined in Article V of the Constitution.
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ERA's purpose is to guarantee equal legal rights for all US citizens regardless of sex
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would explicitly prohibit sex discrimination. The purpose of the ERA is to guarantee equal legal rights for all American citizens, regardless of sex.
The ERA was first drafted in 1923 by two leaders of the women's suffrage movement, Alice Paul and Crystal Eastman. It was introduced in Congress in December 1923 but did not gain widespread support until the rise of the women's movement in the United States during the 1960s. The ERA was reintroduced in 1971 by Representative Martha Griffiths and 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.
The ERA has faced opposition, particularly from religious conservatives who argue that it would guarantee universal abortion rights and the right for same-sex couples to marry. There has also been debate over the ERA's ratification status, with Congress extending the original 1979 deadline to 1982, and five states rescinding their prior approval. In 2020, the Department of Justice Office of Legal Counsel official Steven Engel stated that the ERA resolution was no longer pending before the states due to the expiration of the deadline set by Congress. Despite this, 38 states have ratified the ERA as of 2020, and there is ongoing support for its inclusion in the Constitution.
The ERA aims to ensure that all citizens are judged on their individual merit rather than their sex, which is an unalterable trait of birth. Supporters argue that it is necessary to enshrine the principle of gender equality in the Constitution to overcome the obstacles that have kept women as second-class citizens. The amendment has received bipartisan support, and its proponents believe that it can advance the cause of equality in the twenty-first century.
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ERA ratification status has been debated for a century
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 has since been debated for a century. The ERA was written by Alice Paul and Crystal Eastman, with Paul asserting that women should be on equal terms with men in all regards, even if that meant sacrificing benefits given to women through protective legislation.
In the early history of the ERA, middle-class women were largely supportive, while those speaking for the working class were opposed, arguing that women should have more domestic responsibility than men. Opponents of the amendment, such as the Women's Joint Congressional Committee, believed that the loss of benefits to women would not be worth the gain in equality. The ERA garnered increasing support with the rise of the women's movement in the United States during the 1960s. It was reintroduced by Representative Martha Griffiths in 1971 and approved by the U.S. House of Representatives that year and by the U.S. Senate in 1972, thus submitting the ERA to the state legislatures for ratification.
A seven-year deadline was initially set for 1979, but a simple majority in Congress later extended it to 1982. However, the ERA faced strong opposition, and by 1977, only 35 states had approved the amendment. The state legislators in battleground states followed public opinion in rejecting the ERA, and key figures like Phyllis Schlafly played a significant role in its defeat. As a result, the ERA failed to meet the ratification deadline, and its validity remained in question.
The debate surrounding the ERA continued, with 38 states eventually ratifying the amendment. However, whether its protections for women's rights would be added to the Constitution remained uncertain. In 2020, former President Joe Biden issued a statement supporting the ERA, but it had no legal effect as the President is not assigned any role in the amendment process outlined in Article V of the Constitution. The Archivist of the United States, Colleen Shogan, also stated that the ERA could not be certified as part of the Constitution due to legal, judicial, and procedural decisions. Despite the ongoing debate, the ERA is not currently a part of the Constitution, and its ratification status remains unresolved.
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ERA's constitutional validity is disputed due to ratification deadlines
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would explicitly prohibit gender discrimination. While it is not currently a part of the Constitution, its ratification status has long been debated. The ERA was first introduced in Congress in 1923 and, after being reintroduced in 1971, was 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.
The validity of the ERA is disputed due to ratification deadlines. Congress included a seven-year deadline, up to 1979, for the ratification of the ERA by the legislatures of three-fourths of the states, as per Article V of the Constitution. This deadline was later extended to 1982 by a simple majority of Congress. However, this extension is controversial as some argue that Congress does not have the authority to retroactively extend the deadline once it has expired.
The South Dakota Legislature, for example, adopted a resolution stipulating that its prior ratification of the ERA was only valid through the original deadline of March 22, 1979. Similarly, North Dakota clarified that its 1975 ratification of the ERA was valid only until 11:59 pm on March 22, 1979. These states argue that Congress does not have the authority to unilaterally alter the terms and conditions of the ratification process.
On the other hand, supporters of the ERA argue that Congress can remove the ERA's ratification deadline, allowing states to ratify it again. They contend that the previous ratifications remain in force and that states cannot revoke their ratifications. Additionally, they point to the example of the Twenty-seventh Amendment, which became part of the Constitution in 1992, more than 200 years after it was proposed in 1789, demonstrating that amendments can be ratified long after their initial proposal.
The debate over the ERA's validity due to ratification deadlines remains unresolved. While former President Biden issued a statement supporting the ERA as part of the Constitution, it had no legal effect as the President does not have a role in the amendment process outlined in Article V. The National Archives has also stated that they do not intend to certify the ERA as part of the Constitution, citing legal, judicial, and procedural decisions supporting the integrity of the original ratification deadline.
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ERA supporters argue for its inclusion as the 28th Amendment
The Equal Rights Amendment (ERA) is 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 has been supported by several prominent figures, including former President Joe Biden, who issued a statement asserting that the ERA should be considered part of the Constitution. Biden's statement, however, holds no legal weight as the authority to amend the Constitution does not lie with the president.
Supporters of the ERA argue that it is necessary to guarantee equal legal rights for all American citizens, regardless of sex. They contend that the Constitution lacks a specific guarantee of equal rights protections on the basis of sex, and the ERA would address this gap by firmly rejecting legislative distinctions between men and women. The ERA would advocate for a legal system that judges individuals on their merit rather than their gender, which is an unalterable trait of birth.
The ERA has garnered support from both Democratic and Republican parties, as well as notable figures such as Florence Dwyer, Jill Ruckelshaus, Mary Dent Crisp, Justice Sandra Day O'Connor, First Lady Betty Ford, and Senator Margaret Chase Smith. Additionally, prominent men who have supported the ERA include President Dwight D. Eisenhower, President Richard Nixon, Senator Richard Lugar, and Senator Strom Thurmond.
Despite the support for the ERA, there have been several complications and opposition to its inclusion in the Constitution. One significant challenge has been the ratification deadline, which was initially set for seven years but later extended to 1982. While 38 states have ratified the ERA, the authority of Congress to extend the deadline has been disputed, and some states have even rescinded their support. As a result, the ERA's future remains uncertain, and it has not been officially added to the Constitution as the 28th Amendment.
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Frequently asked questions
No, the ERA is not currently part of the US Constitution. It was a proposed amendment to the Constitution that would prohibit gender discrimination and guarantee equal legal rights for all American citizens.
The purpose of the ERA is to ensure that all citizens are treated equally under the law, regardless of their sex or gender. It seeks to eliminate legal distinctions between men and women in areas such as divorce, property, and employment.
The ERA has been approved by the required number of states (38) for ratification, but it has faced legal and procedural challenges due to ratification deadlines. The Archivist of the United States, who is responsible for certifying and publishing new amendments, has stated that the ERA cannot be certified as part of the Constitution due to these legal and procedural issues.
The implications of the ERA not being certified as part of the Constitution are complex. Some argue that it leaves room for gender discrimination and inequality to persist, while others believe that it protects women from being drafted into the military and ensures specific workplace protections. The ERA's impact on existing laws and policies related to gender and economic equity is also a subject of debate.
