Omar Bennett
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would explicitly prohibit sex discrimination and enshrine gender equality. Despite gaining approval from 38 states, the most recent being Virginia in 2020, the ERA is not currently part of the Constitution due to a ratification deadline that had been set and extended by Congress. With the rise of the women's movement in the 1960s, the ERA gained support and was reintroduced in Congress in 1971, passing with bipartisan support in 1972. However, momentum slowed due to conservative opposition, and the ERA fell short of ratification by the required three-fourths of state legislatures by the original 1979 deadline. While there have been recent efforts to address the ERA's standing and remove the time limit, the amendment's future remains uncertain. Given that 85% of constitutions globally guarantee equal rights or prohibit gender discrimination, there is a critical need to solidify constitutional gender equality protections in the US.
| Characteristics | Values |
|---|---|
| Year first proposed | 1923 |
| Proposer | Alice Paul and Crystal Eastman |
| Current status | Not a part of the Constitution |
| Number of states that have ratified the ERA | 38 |
| Latest state to ratify the ERA | Virginia |
| Year Virginia ratified the ERA | 2020 |
| Number of states needed to ratify the ERA | 38 |
| Number of states that withdrew their ratification | 6 |
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What You'll Learn
The Equal Rights Amendment (ERA) and its ratification status
The Equal Rights Amendment (ERA) was 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.
In 1971, it was reintroduced by Representative Martha Griffiths and approved by the U.S. House of Representatives that year and by the U.S. Senate in 1972. It was then submitted to the state legislatures for ratification, with a seven-year deadline (later extended to 1982) for three-fourths (38) of the state legislatures to ratify it.
Initially, the ERA gained widespread support, with 22 state legislatures ratifying it in 1972, and eight more joining in early 1973. However, conservative activists and religious groups launched a campaign against the amendment, arguing that it would lead to gender-neutral bathrooms, same-sex marriage, and women in military combat, among other things.
The momentum slowed, and by the original deadline of March 22, 1979, only 35 states had ratified the ERA. The deadline was extended to 1982, but no new states signed on. In 1980, the Republican Party also withdrew its support for the ERA. Despite ongoing efforts, the ERA fell three states short of the necessary 38 states for ratification.
In recent years, there has been a renewed push to adopt the ERA, with Nevada becoming the first state to ratify it in 2017, followed by Illinois in 2018, and Virginia in 2020, bringing the total to 38 states. However, there are still hurdles, as five states have rescinded their approval, and the original ratification deadlines have lapsed.
The current debate centres around whether the time limit can be removed and if the ERA can still be adopted as the 28th Amendment to the Constitution. Congress has established the first-ever Congressional Caucus for the ERA, and both chambers have introduced resolutions to establish the ERA as the 28th Amendment, indicating that the fight for gender equality in the United States continues.
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The ERA's impact on sex equality protections
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would explicitly prohibit sex discrimination. The ERA's impact on sex equality protections would be significant, as it would solidify constitutional sex equality protections and reinforce that these protections cannot be weakened by changing judicial attitudes.
The ERA would create a new category of judicial review for sex discrimination cases, unencumbered by previous levels of scrutiny. This would provide a stronger legal foundation for challenging sex discrimination and further women's rights and gender equality in all areas of American life. With the ERA in place, Congress would also have the constitutional basis to pass new and more robust laws to protect women and girls.
Globally, 85% of constitutions explicitly guarantee equal rights or prohibit discrimination based on sex or gender. The ERA would bring the US Constitution in line with this global standard, sending a clear message that the country values the inherent equality of all people. This is particularly important in the context of increasing attacks on reproductive rights and the persistent gender wage gap.
The ERA has faced a long and contentious road to ratification, with supporters and opponents engaging in passionate debates. While 38 states have ratified the ERA, meeting the threshold for adoption, there have been legal challenges and questions surrounding the original ratification deadline. Despite these hurdles, the ERA remains a critical tool in the pursuit of gender equality and continues to receive support from advocates of women's rights.
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The history of the ERA and its legislative journey
The Equal Rights Amendment (ERA) was first proposed in 1921 by the National Woman's Party, who announced their plans to campaign for an amendment to the U.S. Constitution to guarantee women equal rights with men. The text of the proposed amendment was revised in 1923 by Alice Paul, the head of the National Women's Party, and it was introduced in Congress that same year. However, it failed to achieve ratification, and the ERA made little progress until the 1970s.
In 1971, the ERA was reintroduced by Representative Martha Griffiths, and it gained increasing support from the women's movement in the United States. It was approved by the U.S. House of Representatives in 1971 and by the U.S. Senate in 1972, with bipartisan support. The ERA was then submitted to the state legislatures for ratification, with a seven-year deadline for ratification by three-fourths (38) of the state legislatures.
Within a year, 22 state legislatures ratified the amendment, and eight more joined in early 1973. However, momentum slowed as conservative activists allied with the religious right launched a campaign to stop the amendment. Despite this opposition, the ERA continued to gain support, and by 1978, 35 state legislatures had approved the amendment for ratification.
In 1978, Congress and President Carter extended the deadline for ratification to June 30, 1982. However, the ERA fell three states short of the necessary 38 states for ratification by the new deadline. Despite this setback, efforts to ratify the amendment have continued, and the ERA has gained renewed attention in recent years. In 2017, Nevada became the first state to ratify the measure since 1977, and Illinois followed suit in 2018. On January 15, 2020, Virginia became the 38th state to ratify the ERA, technically pushing it across the threshold required for amendments to take effect.
However, there are still legal debates and hurdles regarding the time limit provision in the original 1972 ERA. In March 2021, the House passed a bipartisan resolution to remove the time limit, but the Senate's companion resolution did not pass. The legislative journey of the ERA continues, with both chambers introducing resolutions to establish it as the 28th Amendment to the Constitution.
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The role of individual states in the ERA's ratification
The Equal Rights Amendment (ERA) was 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 was placed before the state legislatures on March 22, 1972, with a seven-year deadline to acquire ratification by three-fourths (38) of the state legislatures. A majority of states ratified the proposed constitutional amendment within a year. Hawaii became the first state to ratify the ERA, with 22 state legislatures ratifying the amendment in 1972 and eight more joining in 1973.
However, momentum slowed as conservative activists allied with the emerging religious right launched a campaign to stop the amendment. Notable opponents included Phyllis Schlafly, a conservative lawyer and activist from Illinois who led the STOP ERA campaign. Despite this opposition, 35 states had approved the amendment by 1977.
In 1978, Congress extended the deadline for ratification from 1979 to 1982. However, no additional states voted yes before the new deadline, and the ERA fell three states short of ratification. The states that did not ratify the ERA by the 1982 deadline included 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 renewed push to adopt the ERA, with Nevada becoming the first state to ratify the measure since 1977 in 2017, followed by Illinois in 2018, and Virginia in 2020. Virginia was the 38th state to ratify the ERA, technically pushing it across the threshold required for adoption.
Despite meeting the ratification threshold, there are still hurdles in the ERA's path. The Department of Justice Office of Legal Counsel argued that Congress had the authority to impose a deadline for the ERA and that it could not retroactively extend the deadline once it had expired. As a result, the Archivist of the United States stated that they would not certify the adoption of the ERA.
Nevertheless, supporters of the ERA have continued to put forth efforts to address its standing and end the debate over the time limit provision. The House passed a bipartisan resolution in March 2021 to remove the time limit, and a companion resolution was introduced in the Senate with 51 co-sponsors, although it did not pass. The 118th Congress also established the first-ever Congressional Caucus for the Equal Rights Amendment, with both chambers introducing resolutions to establish the ERA as the 28th Amendment to the Constitution.
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The implications of the ERA for US constitutional law
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would explicitly prohibit gender discrimination. The implications of the ERA for US constitutional law are significant, as it would solidify constitutional gender equality protections and reinforce that these protections cannot be weakened by changing judicial attitudes.
The ERA would create a new category of judicial review for gender discrimination cases, unencumbered by previous scrutiny schemas. This would provide a stronger legal foundation for challenging gender discrimination and further women's rights and gender equality in all areas of American life. Additionally, it would enable Congress to pass new and more robust laws to protect women and girls, addressing issues such as reproductive rights and the gender wage gap.
The ERA has met the ratification requirements of Article V of the Constitution, with 38 states ratifying it as of 2020, and has strong bipartisan support. However, there has been opposition and legal challenges, with some states attempting to withdraw their ratification. The original deadline for ratification was extended by Congress, and the ERA's standing and the validity of ratifications beyond this deadline are still being debated.
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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 and introduced in Congress in 1923 by Alice Paul, a woman suffrage leader and head of the National Woman's Party. 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. It was then sent to the state legislatures for ratification, with a seven-year deadline for ratification by 38 states. While 30 states ratified the ERA within a year, the deadline was not met due to opposition from conservative activists.
The ERA has been ratified by 38 states, including Virginia, which became the latest state to ratify it in 2020. However, there is still debate over whether it should be certified and published as part of the Constitution due to the expired deadline for ratification.
The ERA would solidify constitutional sex equality protections and reinforce that they cannot be weakened by judicial attitudes. It would also provide a constitutional foundation for Congress to pass stronger laws to protect women and girls and send a message that the United States values equality for all people.
There have been efforts in Congress to address the ERA's standing and remove the time limit for ratification. The House passed a bipartisan resolution to remove the time limit in 2021, but the Senate's companion resolution did not pass. The 118th Congress established the first-ever Congressional Caucus for the Equal Rights Amendment, and both chambers have introduced resolutions to establish the ERA as the 28th Amendment to the Constitution.
