Simone Lawson
The Equal Rights Amendment (ERA), a proposed amendment to the US Constitution that guarantees equal rights for women, has been a topic of discussion since 1923. Despite initial support and ratification by several states, the ERA did not become a part of the Constitution due to expired deadlines and state revocations. However, the fight for women's equality continues, and the ERA has been reintroduced in every session of Congress since 1982. In recent years, there have been efforts to address the ERA's standing and remove the time limit provision. While the legal status of the ERA remains uncertain, it highlights the ongoing struggle for gender equality and the critical need to enshrine gender equality in the US Constitution.
| Characteristics | Values |
|---|---|
| Number of states that have ratified the ERA | 38 |
| ERA's objective | To secure full equality for women |
| ERA's history | Initially proposed in Congress in 1923, three years after the ratification of the 19th Amendment, which granted women the right to vote |
| Current status | Not yet a part of the Constitution |
| Attempts to address the ERA's standing | Bipartisan resolution passed in the House in March 2021 to remove the time limit; similar resolution introduced in the Senate did not pass |
| Current efforts | The 118th Congress established the first-ever Congressional Caucus for the ERA; both chambers introduced resolutions to establish the ERA as the 28th Amendment |
| Legal uncertainty | Exists due to expired deadlines and five revocations by states |
| Impact of ERA | Empower Congress to address gender equity and create a social framework to acknowledge systemic biases |
| Alternative proposed in the 1940s | "No distinctions on the basis of sex shall be made except such as are reasonably justified by differences in physical structure, biological differences, or social function." |
| Support for ERA | Received bipartisan support in Virginia; supported by President Carter and many members of Congress |
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What You'll Learn
The Equal Rights Amendment (ERA)
In 1972, the ERA was passed by Congress with a deadline for ratification set for March 1979. Thirty-five states approved the amendment, falling short of the required 38 states for ratification. The deadline was later extended to June 30, 1982, but the ERA still failed to gain enough support. Despite the efforts of President Jimmy Carter, who actively supported the ERA and urged Americans to acknowledge the contributions of women, the amendment did not pass.
The ERA has continued to be reintroduced in Congress since 1982, with advocates arguing that the deadline for ratification should be waived or lifted. As of 2020, 38 states have ratified the ERA, including Nevada in 2017 and Illinois in 2018, with Virginia becoming the latest state to do so. However, there is still legal uncertainty regarding the validity of these ratifications due to expired deadlines and attempts by some states to rescind their approval.
The push for the ERA's ratification gained momentum with President Joe Biden's declaration that the amendment is "the law of the land." However, this move was largely symbolic, as presidents do not have a role in the amendment process. The debate continues over whether the ERA will be added to the Constitution, with constitutional scholars and advocates presenting legal arguments for its ratification as of January 27, 2020. The ERA aims to guarantee equal rights for women and address gender discrimination, but its impact on existing benefits and protections for women is also a subject of discussion.
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ERA's ratification status
The Equal Rights Amendment (ERA) was first proposed in Congress in 1923, three years after the ratification of the 19th Amendment, which granted women the constitutional right to vote. The ERA seeks to end legal distinctions between men and women in various matters, including divorce, property, and employment. While it initially gained traction, with 35 state legislatures approving it for ratification by 1978, it failed to achieve the required number of 38 states.
In 1978, Congress and President Carter extended the deadline for ratification to June 30, 1982. Despite this extension, the ERA faced several setbacks, including the revocation of support from five states: Idaho, Nebraska, Tennessee, South Dakota, and Kentucky. These states' rescissions have brought into question the validity of the ERA's ratification, as Article V of the Constitution does not provide guidelines for states to rescind their ratification.
In recent years, there have been renewed efforts to address the ERA's standing and remove the time limit for ratification. In 2021, the House passed a bipartisan resolution to remove the time limit, but the Senate's companion resolution did not pass. The 118th Congress established the first-ever Congressional Caucus for the ERA, and both chambers introduced resolutions to establish it as the 28th Amendment. As of 2025, 38 states have ratified the ERA, but it remains uncertain if its protections for women will be added to the Constitution.
The ERA has been reintroduced in every session of Congress since 1982, and experts acknowledge the legal uncertainty surrounding the ratifications due to expired deadlines and state revocations. While there is a critical need to enshrine gender equality in the Constitution, the ERA alone may not immediately remedy deep-rooted inequalities. However, it is seen as an essential tool to build a more just and equitable society, strengthening legal protections against discrimination and furthering women's rights.
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ERA's impact on gender equality
The Equal Rights Amendment (ERA) is a proposed amendment to the US Constitution that guarantees equal rights for women. While the ERA has not been ratified, it has had an impact on the conversation surrounding gender equality.
The ERA was first introduced in 1923 as a Constitutional amendment granting women the right to vote. Since then, it has been reintroduced in every session of Congress since 1982. The "New ERA" introduced in 2013 by Representative Carolyn B. Maloney adds an additional sentence to the original text: "Women shall have equal rights in the United States and every place subject to its jurisdiction."
The ERA has faced opposition and support from both pro- and anti-ERA coalitions. In 1980, a federal district court in Idaho ruled that the state's rescission of the ERA was valid. However, in 2020, a group of over 120 Democrats in the House of Representatives argued that the deadlines and revocations were illegitimate, and that the ERA had been successfully ratified by 38 states.
The impact of the ERA on gender equality is significant. Jennifer Weiss-Wolf, the Brennan Center’s Women and Democracy Fellow, noted that the ERA would empower Congress to enforce gender equity through legislation and address the patchwork ways gender and economic inequity are currently addressed in US laws. The ERA would also help to rectify lingering legal and policy inequities, such as the emerging issue of menstrual equity.
The ERA has also sparked conversations about the social framework necessary to acknowledge systemic biases that often limit women's daily experiences. While there has been progress toward gender equality in the last half-century, particularly with more women joining the workforce and increased educational attainment, there has been a slowdown or stall in recent decades. This suggests that further progress requires substantial institutional and cultural change, such as increasing men's participation in household and care work and adopting policies that reduce gender discrimination.
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ERA's legal standing
The Equal Rights Amendment (ERA) has been a part of the American debate since the inception of the nation. The ERA, originally passed by Congress in 1972 with a deadline for ratification by March 1979, has gained much support from women and men who believe that social change can be achieved through legislation. The ERA seeks to end the legal distinctions between men and women in terms of divorce, property, employment, and other matters.
Despite the efforts of its supporters, the ERA has faced several challenges and has not been added to the Constitution. In 1977, Congress voted to extend the deadline for ratification by three years, but this only led to five additional states ratifying the amendment. In 1982, the deadline was further extended by Congress and President Carter to June 30, 1982. However, by this time, the ERA had lost momentum, and it was not until 2013 that a "New ERA" was introduced, adding the sentence, "Women shall have equal rights in the United States and every place subject to its jurisdiction."
The legal standing of the ERA remains uncertain. While 38 states have ratified the amendment, meeting the three-quarters threshold required for amendments to take effect, there have been five revocations, and the original deadline for ratification has passed. In 2020, the Department of Justice Office of Legal Counsel issued an opinion stating that Congress had the authority to impose a deadline for the ERA and that the deadline had expired, rendering the ERA no longer pending before the states. However, advocates argue that the deadlines and revocations are illegitimate, and that the ERA has been successfully ratified and should be certified as part of the Constitution.
The ERA has been reintroduced in every session of Congress since 1982, and there have been ongoing efforts to address its standing and remove the time limit provision. In 2021, the House passed a bipartisan resolution to remove the time limit, and both chambers have introduced resolutions to establish the ERA as the 28th Amendment. While the ERA alone may not immediately remedy deeply rooted inequalities, it is seen as an essential tool to strengthen legal protections against discrimination and further women's rights and gender equality in the United States.
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ERA's future prospects
The Equal Rights Amendment (ERA) has been a long-standing debate in the United States, with its origins dating back to the nation's inception. While it has not yet been formally adopted as a Constitutional amendment, its future prospects remain a significant topic of discussion.
The ERA aims to secure equal rights for women, addressing legal distinctions in divorce, property, employment, and other areas. Despite gaining traction in the 1970s and receiving support from President Carter, it failed to achieve the necessary ratification by the initial deadline of March 1979. Congress extended this deadline to June 30, 1982, but the ERA still fell short of the required number of state ratifications.
However, the conversation surrounding the ERA has persisted, and it has been reintroduced in every session of Congress since 1982. In recent years, there have been significant developments. In 2020, Virginia became the 38th state to ratify the amendment, meeting the three-quarters threshold required for amendments to take effect. This has sparked renewed debate over the ERA's standing, with experts acknowledging the legal uncertainty due to expired deadlines and state revocations.
The 117th Congress witnessed a bipartisan resolution in the House to remove the time limit, but the Senate's companion resolution did not pass. The 118th Congress established the first-ever Congressional Caucus for the ERA, and both chambers introduced resolutions to establish it as the 28th Amendment. These recent efforts indicate a continued push for the ERA's adoption, with supporters arguing that it is long overdue and critical for enshrining gender equality in the Constitution.
Looking ahead, the prospects for the ERA's future remain uncertain. While there is significant support for its ratification, there are also legal complexities and opposing viewpoints to consider. The Biden administration received a letter from a group of Democrats urging the President to direct the Archivist of the United States to certify the amendment immediately. However, the Department of Justice's Office of Legal Counsel opined that Congress's deadline authority was valid, and the Archivist would not certify the ERA's adoption.
In conclusion, while the ERA has not yet been added to the Constitution, its future prospects are closely tied to ongoing political and legal discussions. Supporters continue to advocate for its ratification, emphasizing the need for gender equality. The ERA's fate will depend on further legislative actions, legal interpretations, and the evolving social and political landscape in the United States.
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Frequently asked questions
The Equal Rights Amendment (ERA) is a proposed amendment to the US Constitution that seeks to guarantee equal rights for women. It was first proposed in 1923, three years after the ratification of the 19th Amendment, which granted women the right to vote.
No, the ERA has not been added to the US Constitution. While 38 states have ratified the amendment, which is the required number for an amendment to be adopted, there is still legal uncertainty due to expired deadlines and state revocations. The Department of Justice has stated that Congress had the authority to impose a deadline for the ERA and that the deadline has now expired.
The ERA would empower Congress to address gender inequality through legislation and create a social framework to acknowledge systemic biases that affect women's daily experiences. It would also provide consistency in addressing gender and economic inequity in current laws.
