Jonah Patel
The Equal Rights Amendment (ERA) is a proposed amendment to the US Constitution that aims to guarantee equal rights for women. The measure has gained momentum in recent years, with several states ratifying the ERA since 2017. Despite this progress, the ERA's inclusion in the Constitution is still uncertain, with legal debates surrounding ratification deadlines and the authority of Congress to extend them. The ERA has faced opposition and support since its proposal in 1972, and its potential impact on gender equality in the 21st century remains a key question.
| Characteristics | Values |
|---|---|
| Deadline for ratification | Binding |
| Number of states ratifying the ERA | 38 |
| States that have ratified the ERA | Nevada, Illinois, Virginia |
| States that have not ratified the ERA | South Dakota |
| Supporters | National Organization for Women, State Sen. Pat Spearman, Illinois State Rep. Steven Andersson, American Bar Association, Congresswoman Ayanna Pressley |
| Opponents | Phyllis Schlafly |
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What You'll Learn
The ERA's impact on the US Constitution
The Equal Rights Amendment (ERA) is a proposed amendment to the US Constitution that aims to guarantee equal rights for women. The ERA has been a topic of debate and discussion since the 1970s, and while it has been ratified by 38 states, its inclusion in the Constitution remains uncertain.
The ERA seeks to address gender inequality and discrimination against women by ensuring that equal rights are protected under the Constitution. The amendment emerged as a legislative priority in the 1970s due to the efforts of women lawmakers and advocates who faced resistance from conservative activists and religious groups. Despite this, the amendment passed both chambers of Congress in 1972 with bipartisan support, and a seven-year deadline was set for ratification by the states.
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." This would ensure that legal protections against discrimination based on sex are enshrined in the Constitution, guaranteeing equal rights for women in areas such as employment, education, and political participation.
However, the impact of the ERA on the US Constitution has been contentious. While 38 states have ratified the amendment, meeting the threshold required for amendments to take effect, there have been legal challenges and disputes over the ratification process. Some states, such as South Dakota, initially ratified the ERA but later rescinded their ratification due to the failure to meet the original deadline set by Congress.
The controversy surrounding the ERA's ratification deadline has led to legal debates and conflicting opinions from Congress, the Justice Department, and federal courts. The National Archives and Records Administration has stated that the ERA will not be added to the Constitution until a federal court issues an order, despite efforts by ERA supporters to extend the deadline or validate late approvals from states.
The ERA's potential impact on the US Constitution remains uncertain as legal and political discussions continue. While advocates argue for the importance of ensuring equal rights for women, opponents have raised concerns about the ratification process and the potential consequences of altering the Constitution. The outcome of these discussions will determine whether the ERA is officially incorporated into the foundational document of the United States.
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The ERA's ratification deadline
The Equal Rights Amendment (ERA) was first drafted in 1923 by two leaders of the women's suffrage movement, Alice Paul and Crystal Eastman. It was written to explicitly prohibit sex discrimination and guarantee equal legal rights for all American citizens regardless of sex.
In March 1972, the ERA was placed before the state legislatures, with a seven-year deadline to acquire ratification by three-fourths (38) of the state legislatures. Within a year, 30 states had ratified the amendment, but the momentum slowed as conservative activists launched a campaign against it. By 1978, only 35 states had ratified the ERA, and Congress passed a bill to extend the deadline to June 30, 1982. Despite this, by the new deadline, no more states had ratified the ERA, and most activists and lawmakers accepted its defeat.
However, there have been ongoing efforts to revive the ERA. In 2017, Nevada became the first state to ratify the measure since 1977, followed by Illinois in 2018, and Virginia in 2020. These belated approvals have spurred the "three-state strategy", which aims to get three more states to ratify the ERA and push it across the threshold.
The main controversy surrounding the ERA's ratification is the question of deadlines and whether they can be waived or extended. The original deadline was set by Congress, and some argue that only Congress has the power to lift it. However, there is no precedent for waiving a deadline after its expiration. Additionally, five states have rescinded their earlier support for the ERA, raising questions about whether states can rescind their ratification before an amendment is finally ratified.
Despite these hurdles, supporters of the ERA continue to push for its adoption, arguing that it is necessary to advance the cause of equality and enshrine the principle of gender equality in the Constitution.
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Public opinion on the ERA
Public opinion on the Equal Rights Amendment (ERA) has shifted over time, with a complex interplay of political, social, and legal factors influencing its trajectory.
The ERA was initially proposed in Congress in 1923, but it was not until the 1970s that it gained significant momentum. During this period, the women's movement and rising voices for women's rights played a pivotal role in propelling the ERA forward. By 1973, thirty states had ratified the amendment, and public polls indicated widespread support. Notable figures such as President Carter expressed their support, and the push for equality was prominent in the public consciousness.
However, after 1973, the tide began to turn. Opposition groups, led by figures like Phyllis Schlafly, who defended traditional gender roles, gained traction in key states. Their arguments resonated with the public, and support for the ERA in states that had not yet ratified it fell below 50%. The shift in public opinion influenced state legislators, who rejected the ERA, leading to a slowdown in the number of ratifying states.
In the following decades, the ERA faced an uphill battle. Despite continued efforts by activists and the achievement of significant milestones, such as the Voting Rights Act of 1965 and the expansion of women's rights through legal victories, the ERA fell short of becoming a constitutional amendment. The original deadline for ratification passed in 1982, and the Supreme Court's dismissal of test cases further contributed to the perception that the ERA was ""officially dead."
However, public opinion is dynamic, and in recent years, there has been a resurgence of support for the ERA. The #MeToo movement and increasing awareness about women's rights have fueled a renewed push for the ERA's adoption. A 2020 poll by the Associated Press-NORC Center for Public Affairs Research found significant majority support for the ERA, with 73% of respondents in favor. This support has translated into legislative action, with Nevada, Illinois, and Virginia becoming the latest states to ratify the ERA in recent years, bringing the total to 38 states.
The changing political landscape has also influenced public opinion on the ERA. While the ERA has historically been associated with Democrats, there is increasing bipartisan support, as evidenced by the bipartisan backing for the ERA in Virginia. The involvement of Republican lawmakers, such as Illinois State Rep. Steven Andersson, reflects a shift in perspectives and a growing recognition of the importance of equality in the 21st century.
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The role of Congress in the ERA's ratification
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would explicitly prohibit sex discrimination and guarantee equal rights for women. The ERA was first proposed and introduced in Congress in 1923 by Alice Paul and Crystal Eastman, two leaders of the women's suffrage movement. It stated that "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."
After being reintroduced by Representative Martha Griffiths in 1971, the ERA 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 as provided by Article Five of the United States Constitution. A seven-year deadline was included with the legislation by Congress, later extended to 1982 by a simple majority of Congress.
Congress has also played a role in declaring the validity of amendments. In 1992, Congress acted to validate the 27th Amendment, which was ratified 203 years after it was proposed. This precedent is relevant to the ERA as its ratification status has long been debated, and Congress may need to clarify its validity.
The ratification deadlines set by Congress for the ERA have now lapsed, and five states have rescinded their prior approval. These issues have raised questions about the ERA's status, and Congress is now tasked with resolving them. Congress has also been urged by the American Bar Association (ABA) to implement the ERA, arguing that a deadline for ratification is not consistent with Article V of the Constitution.
In summary, Congress has played a central role in the ERA's ratification process by proposing and introducing the amendment, approving the ERA and sending it to the state legislatures for ratification, setting ratification deadlines, declaring the validity of amendments, and now, resolving questions about the ERA's status and addressing calls for its implementation.
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The ERA's potential impact on women's rights
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would explicitly prohibit gender discrimination and guarantee equal rights for women. While it has not been ratified as part of the Constitution, the ERA has had a significant impact on the women's rights movement in the US and continues to be a topic of debate and advocacy.
The ERA was first proposed in 1923 by the National Woman's Party, led by Alice Paul, who believed that the Nineteenth Amendment did not go far enough in ensuring gender equality. The original text of the ERA stated that no "political, civil, or legal disabilities or inequalities" on the basis of sex or marriage should exist unless they applied equally to both men and women. This text was revised over the years to reflect the wording of other amendments and to address concerns raised by opponents.
The ERA gained significant support in the 1960s and 1970s, with the rise of the women's movement and a push for social and political reform. In 1972, the ERA was passed by Congress and sent to the state legislatures for ratification, with a seven-year deadline. By 1973, thirty states had ratified the amendment, but the momentum slowed, and the ERA failed to meet the ratification threshold by the deadline. Despite this, the ERA has continued to be reintroduced and advocated for, with 38 states having ratified it as of 2020.
The potential impact of the ERA on women's rights is significant. If added to the Constitution, the ERA would explicitly prohibit gender discrimination and guarantee equal rights for women in areas such as divorce, property, employment, and other matters. It would provide a legal basis for challenging discriminatory laws and policies and ensure that women are afforded the same opportunities and protections as men. The ERA could also lead to increased representation of women in positions of power and influence, as well as greater recognition of their contributions to society.
Additionally, the ERA could have a broader impact on social and cultural norms, challenging traditional gender roles and promoting a more equitable distribution of rights and responsibilities between men and women. The ERA's ratification would also send a powerful message about the value of gender equality and the importance of ensuring that women's rights are protected and promoted.
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Frequently asked questions
The Equal Rights Amendment is a proposed amendment to the US Constitution that guarantees equal rights for women.
38 states have ratified the ERA.
The ERA has not been added to the US Constitution and its validity remains uncertain.
Proponents of the ERA argue that it will advance the cause of equality in the 21st century and provide constitutional protection for women's rights.
The "three-state strategy" aims to obtain additional state ratifications for the ERA from Nevada, Illinois, and Virginia, which would bring the total number of ratifying states to 38, the current threshold for amendments to the US Constitution.
