Omar Bennett
The Equal Rights Amendment (ERA) was first proposed in 1923 by American suffragette Alice Paul, who sought to guarantee equal rights for women. The ERA was passed by Congress in 1972 and endorsed by President Nixon, but it failed to be ratified by three-quarters of state legislatures by the 1979 deadline. Despite extensions to the deadline, the ERA did not succeed, and only 35 states had ratified it by 1982. In recent years, there has been a resurgence of interest in the ERA, with Nevada, Illinois, and Virginia ratifying it between 2017 and 2020. As of 2024, 38 states have ratified the ERA, but it remains uncertain if it will be added to the U.S. Constitution.
| Characteristics | Values |
|---|---|
| Name of Amendment | Equal Rights Amendment (ERA) |
| Year of proposal | 1923 |
| Year of approval by Congress | 1972 |
| Year of deadline extension | 1977 |
| New deadline | June 30, 1982 |
| Number of states that approved the amendment for ratification | 35 |
| Number of states required for ratification | 38 |
| Number of states that have ratified the ERA | 38 |
| Year in which the ERA was passed by the Illinois legislature | 2018 |
| Year in which Virginia became the latest state to ratify the ERA | 2020 |
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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 achieve the necessary support. The Supreme Court ruled that the amendment had not received enough ratifications and, therefore, had not been adopted.
In recent years, there has been a renewed push to adopt the ERA, with Nevada becoming the first state to ratify the measure in 2017, followed by Illinois in 2018, and Virginia in 2020. As of 2020, 38 states have ratified the ERA, meeting the required threshold for ratification. However, there is ongoing controversy and legal debate surrounding the validity of these ratifications, with some states attempting to rescind their support.
The ERA is significant because it seeks to guarantee equal rights for both men and women under the law. It would affirm women's equal citizenship and centrality to constitutional law, addressing historical exclusions of women from the centre of constitutional law. The amendment does not add new laws but guarantees the rights already within the Constitution. While there is opposition to the ERA, proponents argue that it is a crucial step towards achieving equality and addressing ongoing discrimination and disparities.
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ERA's approval by Congress in 1972
The Equal Rights Amendment (ERA) was first drafted in 1923 by two leaders of the women's suffrage movement, Alice Paul and Crystal Eastman. The ERA was a proposed amendment to the United States Constitution that would explicitly prohibit sex discrimination.
In 1971, Representative Martha Griffiths reintroduced the ERA, and it was approved by the U.S. House of Representatives that year. On March 22, 1972, the ERA was approved by the 92nd U.S. Senate without change, by a vote of 84 yeas, 8 nays, and 7 not voting. The ERA was then placed before the state legislatures, with a seven-year deadline to acquire ratification by three-fourths (38 out of 50) of the state legislatures.
The version of the ERA that was approved by Congress in 1972 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. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article." This version of the ERA was the result of revisions made by Alice Paul in 1943 to reflect the wording of the Fifteenth and Nineteenth Amendments.
Within a year of its approval by Congress, 22 state legislatures ratified the ERA, and eight more joined in early 1973. However, between 1974 and 1977, only five more states approved the ERA, and advocates became concerned about the approaching deadline. In 1977, Congress voted to extend the deadline to 1982, but this only led to another five states ratifying the amendment. By the 1982 deadline, 35 states had approved the ERA, falling three states short of ratification.
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The ERA's impact on gender equality
The Equal Rights Amendment (ERA) was first proposed in 1923 by American suffragette Alice Paul, who sought to guarantee the rights of women. The ERA was intended to address issues such as divorce, property retention, and employment, where women faced significant challenges. Despite being introduced in Congress in 1923, the ERA was not approved and sent to the states for ratification until 1972.
The ERA has had a significant impact on the quest for gender equality, empowering women to claim their rights and spearheading legislative changes. In states that have ratified the ERA, lawmakers have passed legislation to advance women's rights, including measures on equal pay, violence against women, accommodations for pregnant and nursing women, LGBTQ+ protections, and paid family leave. The ERA has also been credited with helping to eliminate explicitly discriminatory laws against women and creating a framework to address systemic biases that affect women's daily lives.
The ERA has been supported by prominent figures, including Republican women such as Justice Sandra Day O'Connor and First Lady Betty Ford, as well as Republican men like President Richard Nixon and Senator Strom Thurmond. However, it has also faced opposition, with some arguing that traditional gender roles would be threatened and that women's benefits through protective legislation would be sacrificed.
Despite the progress made, the ERA still faces challenges. As of 2024, 38 states have ratified the ERA, but it has not yet been officially added to the Constitution as the 28th amendment. There have been questions about the deadline for ratification and the ability of states to rescind their prior ratification. Nevertheless, the ERA continues to be a priority for advocates of gender equality, and it remains to be seen if its protections for women will be enshrined in the Constitution.
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The ERA's influence on social change
The Equal Rights Amendment (ERA) has had a profound and ongoing influence on social change in the United States. Proposed in 1923 by American suffragette Alice Paul, the ERA sought to guarantee equal rights for women, addressing issues such as divorce, property retention, and employment. The ERA aimed to eliminate legislative distinctions between men and women, instead advocating for a legal system that judges individuals on their merit rather than their gender.
The ERA gained traction in the early 1940s, with both Democratic and Republican parties adding support for it to their platforms. In 1972, the ERA was approved by Congress and sent to the states for ratification, with an initial seven-year deadline for three-quarters of the states to ratify. Despite early success, the ERA faced opposition and only 35 states had ratified it by 1979. The deadline was extended, but the ERA continued to face challenges, with several states revoking their ratification.
Despite these setbacks, the ERA has had a significant influence on social change. It has empowered women and brought attention to issues of gender inequality. The ERA has also impacted the way gender and economic inequity are addressed in laws, with the potential to create a more consistent and equitable legal framework. The ongoing debate around the ERA has kept the issue of gender equality at the forefront of political and social discourse, influencing policies and societal attitudes towards women's rights.
The ERA has faced a long and challenging path to becoming a constitutional amendment. As of 2024, 38 states have ratified the ERA, and there is continued support for its implementation. The impact of the ERA on social change can be seen in the increased awareness of gender discrimination and the push for equality in the 21st century. The ERA has played a crucial role in advancing the cause of women's rights and keeping the dialogue on gender equality open, even if its formal inclusion in the Constitution remains uncertain.
Overall, the ERA has had a significant influence on social change in the United States, raising awareness of gender inequality and empowering women. While the ERA has not yet been fully ratified and implemented, its ongoing impact on society and culture is evident, and it continues to shape the dialogue around women's rights and equality.
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The ERA's ratification by state legislatures
The Equal Rights Amendment (ERA) was approved by Congress in 1972 and sent to state legislatures for ratification. The ERA sought to address divorce, property retention, and employment—issues that had been serious considerations for women prior to the ratification of the 19th Amendment. It aimed to secure full equality for women by ending legal distinctions between men and women.
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. By 1973, 22 state legislatures had ratified the amendment, and eight more joined that same year. However, between 1974 and 1977, only five more states approved the ERA, causing advocates to worry as the deadline approached.
In 1977, Congress voted to extend the deadline by three years, but this only resulted in five additional states ratifying the amendment. By the initial deadline of March 22, 1979, 35 state legislatures had approved the amendment for ratification, falling short of the required 38. In 1978, Congress and President Carter further extended the deadline to June 30, 1982. Despite this extension, the ERA did not meet the requirement to be made into law.
Six state legislatures have rescinded their earlier ratification of the ERA, and five states—Idaho, Nebraska, Tennessee, South Dakota, and Kentucky—have revoked their earlier support. The rescinding of a ratification of a constitutional amendment has occurred previously, with a few states voting to rescind their ratifications for the Fourteenth and Fifteenth Amendments in the 1860s. The question of whether a state may rescind or revoke a previous ratification of a proposed constitutional amendment while it is pending before the states remains a subject of debate.
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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. It was first proposed in 1923 by American suffragette Alice Paul.
The ERA was passed by Congress in 1972 and endorsed by President Nixon. It was ratified by 38 states, the required number, by 2020. However, it is unclear if its protections for women will be added to the Constitution.
The ERA would empower Congress to enforce gender equity through legislation and create a social framework to address systemic biases that limit women's daily experiences. It would also provide consistency in addressing gender and economic inequity.
