Simone Lawson
The Equal Rights Amendment (ERA), a proposed constitutional amendment first drafted in 1923, seeks to guarantee equal rights and legal protections in the US regardless of sex or gender. While the ERA has been ratified by 38 states, it has faced legal challenges and political opposition. The amendment 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. Despite meeting all legal requirements, the US government has not recognized it as the 28th Amendment. This has left women's human rights vulnerable to amendment and repeal, with a lack of constitutional safeguards in areas such as reproductive healthcare, protection from gender-based violence, and workplace discrimination.
| Characteristics | Values |
|---|---|
| Date first proposed | 25 September 1921 |
| Date first drafted | 1923 |
| Date first passed by Congress | 1972 |
| Number of states needed for ratification | 38 |
| Number of states that have ratified | 38 |
| Date of ratification | 29 June 2021 |
| Date of federal recognition | 2025 |
| Number of this amendment | 28th Amendment |
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What You'll Learn
The history of the Equal Rights Amendment (ERA)
The Equal Rights Amendment (ERA) has been a part of the American debate since the country's inception. Abigail Adams, for instance, wrote to her husband in 1776, urging him to "remember the ladies" while constructing a new government.
The ERA was first drafted in 1923 by two leaders of the women's suffrage movement, Alice Paul and Crystal Eastman. Paul first introduced the amendment, then called the "'Lucretia Mott Amendment'", on the 75th anniversary of the Seneca Falls Convention. The amendment stated: "Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction." The amendment was introduced in Congress the same year but made little progress.
In 1943, Paul rewrote the amendment to reflect the wording of the Fifteenth and Nineteenth Amendments. This text would later become Section 1 of the version passed by Congress in 1972. As a result of this revision, ERA opponents proposed an alternative in the 1940s, which was quickly rejected by both pro- and anti-ERA coalitions.
In 1971, the ERA was reintroduced by Representative Martha Griffiths, and it was 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 included with the legislation by Congress. A simple majority of Congress later extended the deadline to 1982. Both deadlines passed with the ERA three short of the necessary 38 states for ratification.
Despite the missed deadlines, there are still ongoing efforts to ratify the amendment. In 2017, Nevada became the first state to ratify the measure since 1977, and Illinois followed suit in 2018. In 2020, Virginia became the 38th state to ratify the ERA, reaching the minimum number of ratified states required by Congress.
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The ERA as the 28th Amendment
The Equal Rights Amendment (ERA) is a proposed constitutional amendment that seeks to guarantee equal rights and legal protections in the US, regardless of sex or gender. It was first drafted in 1923 by two leaders of the women's suffrage movement, Alice Paul and Crystal Eastman. The text of the proposed amendment read:
> "Section 1. No political, civil, or legal disabilities or inequalities on account of sex or on account of marriage, unless applying equally to both sexes, shall exist within the United States or any territory subject to its jurisdiction. Section 2. Congress shall have the power to enforce this article by appropriate legislation."
In 1923, Alice Paul revised the proposed amendment to read: "Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction." Despite this early push for constitutional equality, the ERA failed to achieve ratification and was not passed by Congress until 1972.
Since its proposal, the ERA has met all the legal requirements for its adoption, and 38 states have ratified it. In 2020, the attorneys general of Virginia, Illinois, and Nevada filed a lawsuit to require the Archivist of the United States to recognize the ERA as the 28th Amendment. As of 2025, the federal government and President Joe Biden have recognized the ERA as the 28th Amendment, solidifying women's rights and ushering in a new era for gender parity in the country.
The second clause of the 28th Amendment states: "The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article." This empowers Congress to pass laws that protect women, girls, and marginalized genders, addressing issues such as the gender wage gap and pregnancy discrimination. The ERA also restores the federal constitutional right to access abortion care and provides a framework to combat discrimination against trans women.
While the ERA has faced procedural challenges and opposition, its recognition as the 28th Amendment is a significant advancement for women's rights in the US, comparable to the 19th Amendment, which granted women the constitutional right to vote in 1920.
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State-level ERAs
State-level Equal Rights Amendments (ERAs) have been adopted in 23 states, with 28 states having modern ERAs that include categories such as race, colour, creed, sex, sexual orientation, gender identity, age, disability, ancestry, and national origin. State-level ERAs have been used to strike down abortion bans in states such as Connecticut, New Mexico, and Pennsylvania.
In November 2022, Nevada adopted the nation's most inclusive state ERA, prohibiting discrimination on various grounds, including sex, sexual orientation, and gender identity. Over 580,000 Nevadans voted in favour of the ballot initiative to amend the state constitution. Nevada's ERA has revitalized the national movement for equal rights and inspired other states to adopt state-level ERAs.
Maine, Minnesota, and New York currently have pending state ERAs that have passed at least one house in their respective legislatures. If successful, New York will be the only state-level ERA that guarantees the prohibition of discrimination on the basis of pregnancy and pregnancy outcomes, effectively securing reproductive rights in the state.
The Colorado ERA, passed in 1972, has been used to promote equality and show support for the national ERA. In Illinois, the ERA has been used to challenge state marriage laws that treated males and females differently regarding their age and right to obtain a marriage license, as well as differing ages for classifying defendants as juveniles.
Maryland's ERA has been applied in a variety of areas, including domestic circumstances, liability for nonsupport, responsibility for counsel fees in divorce actions, and child support. The state-level ERA in Hawaii has been interpreted to allow for exceptions based on physical characteristics unique to one sex, such as in the case of a requirement for women to wear bras when visiting an all-male prison.
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The ERA and abortion rights
The Equal Rights Amendment (ERA) is a proposed constitutional amendment that seeks to guarantee equal rights and legal protections in the US, regardless of sex or gender. It was first drafted in 1923 by two leaders of the women's suffrage movement, Alice Paul and Crystal Eastman. 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 has faced a long and contentious road to ratification, with supporters arguing that it is necessary to guarantee equal rights for women and opponents claiming that it is unnecessary or even harmful. In 2020, the attorneys general of Virginia, Illinois, and Nevada filed a lawsuit to require the Archivist of the United States to recognize the ERA as the 28th Amendment. As of 2025, the ERA has been recognized by the federal government as the 28th Amendment, a significant advancement for women's rights.
The ERA has important implications for abortion rights. The second clause of the 28th Amendment gives Congress the power to enforce the amendment through legislation, providing a constitutional basis for laws that protect abortion access and combat pregnancy discrimination in the workplace. State-level ERAs have already been used to strike down abortion bans in several states. The ERA also has the potential to address other systemic issues affecting women and girls, such as child marriage, female genital mutilation, and economic insecurity.
Despite the ERA's ratification, there are still concerns about its validity and potential legal challenges. The process of amending the Constitution is incredibly difficult, and there have been questions about the ERA's ratification process, including the lapsed deadline set by Congress and the actions of some states to rescind their prior approval. However, supporters of the ERA argue that it has strong legal grounds and that any attempt by the Supreme Court to remove it would be unconstitutional.
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The ERA and workplace discrimination
The Equal Rights Amendment (ERA) is a proposed constitutional amendment that seeks to guarantee equal rights and legal protections in the US, regardless of sex or gender. The ERA was first drafted in 1923 by two leaders of the women's suffrage movement, Alice Paul and Crystal Eastman. It was initially proposed in Congress three years after the ratification of the 19th Amendment, which gave women the constitutional right to vote. The ERA seeks to end legal distinctions between men and women in terms of divorce, property, employment, and other matters.
Despite the ERA's long history, it has faced numerous challenges and has not been ratified until recently. In 2020, the attorneys general of Virginia, Illinois, and Nevada filed a lawsuit to require the Archivist of the United States to recognize the ERA as the 28th Amendment. Finally, in 2025, the federal government recognized the ERA as the 28th Amendment, marking a significant advancement for gender parity in the country.
The ERA specifically addresses workplace discrimination by prohibiting sex-based discrimination in employment and wages. The Equal Pay Act of 1963, which was amended in the early 1970s, banned sex discrimination in wages across various professions. The ERA lays the groundwork for stronger federal laws to combat pregnancy discrimination and eliminate the gender wage gap.
While the ERA has been ratified, there are still concerns about its validity and potential challenges in court. Some states have also acted to rescind their approval, raising questions about the role of Congress and the courts in resolving these issues. Nevertheless, the ERA provides a powerful tool for advancing equality and protecting the rights of women and marginalized genders in the workplace and beyond.
The ERA's impact on workplace discrimination is expected to be significant. With the ERA in place, women and marginalized genders can seek stronger legal protections against discrimination in employment, wages, and pregnancy-related issues. It empowers Congress to pass robust federal laws that will not be ruled unconstitutional, ensuring that basic women's human rights in the workplace are protected and advanced.
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Frequently asked questions
Yes, the Equal Rights Amendment (ERA) was passed as the 28th Amendment to the U.S. Constitution in 2025. It 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 gives Congress the power to enforce legislation that protects women, girls, and all marginalised genders. This includes laws to help eliminate the gender wage gap and strengthen protections against pregnancy discrimination in the workplace.
Women's human rights in the U.S., such as access to reproductive healthcare and equal protection in cases of gender-based violence, have been vulnerable to amendment and repeal. The ERA provides explicit protection against sex-based discrimination at the highest level, impacting the rights of women and girls across the country.
