Jonah Patel
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would guarantee legal gender equality for women and men. The ERA was first introduced in Congress in 1923 by equal rights activist Alice Paul, and it was written by Paul and Crystal Eastman. The amendment would explicitly prohibit gender discrimination and ensure equal rights for all, regardless of sex. Despite being approved by the U.S. House of Representatives in 1971 and the U.S. Senate in 1972, the ERA has not been ratified by enough states to become part of the Constitution, and its future remains uncertain.
| Characteristics | Values |
|---|---|
| Name of Amendment | Equal Rights Amendment (ERA) |
| Year of Introduction | 1923 |
| Amendment Writer | Alice Paul and Crystal Eastman |
| Amendment Reintroducer | Representative Martha Griffiths |
| Year of Reintroduction | 1971 |
| Year of Approval by U.S. House of Representatives | 1971 |
| Year of Approval by U.S. Senate | 1972 |
| Number of States that have Ratified the ERA | 38 |
| Year of Ratification by Virginia | 2020 |
| Year of Ratification by Nevada | 2017 |
| Year of Ratification by Illinois | 2018 |
| Year of Deadline Extension by Congress | 1979 |
| New Deadline | 1982 |
| Year of Introduction of H.J. Res. 47 | 2011 |
| Number of Cosponsors of H.J. Res. 47 | 56 |
| Year of Introduction of S.J. Res. 39 | 2012 |
| Number of Cosponsors of S.J. Res. 39 | 18 |
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The Equal Rights Amendment (ERA)
In the early history of the ERA, middle-class women were largely supportive, while those speaking for the working class were often opposed. Opponents of the amendment argued that it would remove protections from women and make them eligible for the military draft. Despite these objections, the ERA gained increasing support with the rise of the women's movement in the 1960s. 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, thus submitting it to the state legislatures for ratification.
A seven-year deadline, set for 1979, was included in the legislation by Congress, but this deadline was later extended to 1982 by a simple majority vote in Congress. Despite these efforts, the ERA fell short of the necessary 38 states for ratification. In 2011, Representative Tammy Baldwin introduced legislation to remove the ratification deadline, but the resolution failed to pass. As of 2025, 38 states have ratified the ERA, but its inclusion in the Constitution is still uncertain.
Supporters of the ERA argue that it is necessary to advance the cause of equality in the twenty-first century. However, critics question the relevance of an amendment introduced a century ago. The ongoing efforts to ratify the ERA highlight the continued pursuit of legal gender equality in the United States.
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ERA's ratification status
The Equal Rights Amendment (ERA) was a proposed amendment to the United States Constitution that would explicitly prohibit sex discrimination. It was first introduced in Congress in December 1923 and was written by Alice Paul and Crystal Eastman. With the rise of the women's movement in the United States during the 1960s, the ERA gained increasing support. After being reintroduced by Representative Martha Griffiths in 1971, 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, 1979 deadline was initially included with the legislation by Congress, but a simple majority in Congress later extended the deadline to 1982. By 1977, the legislatures of 35 states had approved the amendment. However, no additional states voted yes before the extended deadline, and the ERA fell three states short of ratification. The 15 states that did not ratify the ERA before the 1982 deadline included Alabama, Arizona, Arkansas, Florida, Georgia, Illinois, Louisiana, Mississippi, Missouri, Nevada, North Carolina, Oklahoma, South Carolina, Utah, and Virginia.
There have been ongoing efforts to ratify the amendment, and the three-state strategy for ratification was formulated in 1994. Since then, ERA bills have been introduced in subsequent years in one or more legislative sessions in ten of the unratified states. In 2011, Representative Tammy Baldwin introduced legislation to remove the congressionally imposed deadline for ratification of the ERA, but the resolution failed to pass. On March 22, 2017, Nevada became the 36th state to ratify the ERA, followed by Illinois as the 37th state in 2018. In 2020, Virginia became the 38th state to ratify, but there was debate over whether the ERA was still valid due to the expired time limit. Despite this, ERA supporters argued that Article V gives no role to the Executive Branch in the constitutional amendment process and called for Congressional action to resolve the status of ERA's ratification.
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The ERA's impact on equality in the 21st century
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would explicitly prohibit gender discrimination. Despite being introduced in 1923, it is still not part of the Constitution. The ERA has gained renewed attention in the 21st century due to the ongoing battle for gender equality and the need to protect women's rights.
The ERA aims to guarantee legal gender equality by ensuring 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 guarantee is still seen as radical by some, and the ERA has faced significant opposition and obstacles. However, despite these challenges, the ERA is closer than ever to enactment, with 38 states having ratified it as of 2020.
The ERA has the potential to address systemic sex-based inequality and structural gender discrimination, going beyond the protections offered by existing laws. It can inspire a societal effort to promote equality for all, including women of colour and LGBTQIA+ individuals. By enshrining the principle of equality in the Constitution, the ERA can provide a solid foundation for advancing women's rights and addressing issues such as reproductive rights, voting rights, and economic marginalization.
The ERA can also enhance Title IX protections, promoting equal opportunities in academics and athletics, addressing sexual harassment and campus sexual assault, and improving access to educational resources in sex-segregated public schools. Additionally, it can impact LGBTQIA+ rights by recognizing the prohibition of same-sex marriage as a form of gender discrimination.
The enactment of the ERA would also have implications for military women, as the military would be required to structure its policies, procedures, and protocols to meet the unique needs of female soldiers. This includes providing access to abortion care and addressing the epidemic of sexual assault within the military.
In conclusion, the ERA remains relevant in the 21st century as a tool to advance gender equality and protect the rights of women and marginalized communities. While it has faced challenges and opposition, the ERA has the potential to create systemic change and ensure that equality is a foundational principle of American democracy.
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The ERA's constitutionality
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would explicitly prohibit sex discrimination. The ERA was first introduced in Congress in December 1923 and was written by equal rights activist Alice Paul, with help from Crystal Eastman. The amendment sought to guarantee equal legal rights for all American citizens, regardless of sex.
The ERA has been reintroduced in Congress multiple times since its initial proposal. In 1971, it was reintroduced by Representative Martha Griffiths and approved by the U.S. House of Representatives. The following year, in 1972, it was approved by the U.S. Senate, thus submitting the ERA to state legislatures for ratification as outlined in Article Five of the United States Constitution. A seven-year deadline was initially set for 1979, but this was later extended to 1982 by a simple majority in Congress.
Despite these efforts, the ERA is not currently a part of the Constitution, and its ratification status has been a subject of ongoing debate. As of 2020, 38 states have ratified the ERA, but it is unclear if its protections for women's rights will be incorporated into the Constitution. The ERA faced opposition from those who argued that it would remove protections for women and make them eligible for the military draft. There were also concerns about the impact of the ERA on existing benefits for women, such as alimony, child custody, and Social Security payments.
Supporters of the ERA emphasize the need for a specific constitutional guarantee of equal rights regardless of sex. They argue that the ERA would provide a fundamental remedy against sex discrimination and ensure that legal rights are not denied or abridged on account of gender. The ERA's proponents believe that it would advance the cause of equality in the twenty-first century and promote a legal system based on individual merit rather than unalterable traits like gender.
The ongoing debate surrounding the ERA's constitutionality highlights the complex nature of constitutional amendments and the evolving interpretation of equal protection under the law.
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The ERA's revival
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would explicitly prohibit gender discrimination. It was first introduced in Congress in 1923 by equal rights activist Alice Paul, who wrote it with Crystal Eastman.
The ERA has been reintroduced in each subsequent Congress since its introduction, but it has made little progress. In 1943, Alice Paul revised the amendment to reflect the wording of the Fifteenth and Nineteenth Amendments. This text became Section 1 of the version passed by Congress in 1972. Despite this, the ERA is not currently part of the Constitution, and its ratification status has long been debated.
The ERA gained increasing support with the rise of the women's movement in the 1960s. After being reintroduced by Representative Martha Griffiths in 1971, it was approved by the US House of Representatives that year and by the US Senate in 1972, thus submitting the ERA to the state legislatures for ratification. A seven-year deadline was included with the legislation by Congress, later extended to 1982 by a simple majority of Congress.
In 2011, Representative Tammy Baldwin introduced legislation to remove the congressionally imposed deadline for ratification of the ERA. The resolution had 56 cosponsors, but it failed to be voted on and died in subcommittee when the 112th Congress ended in 2013. On the 40th anniversary of the ERA's congressional approval, Senator Benjamin L. Cardin introduced a similar resolution with seventeen other senators as cosponsors.
As of 2025, 38 states have ratified the ERA, but whether its protections for women's rights are added to the Constitution remains uncertain. On March 24, 2025, Congresswoman Ayanna Pressley introduced a joint resolution calling for establishing the ratification of the ERA, notwithstanding the time limit placed on the amendment in 1972. On December 16, 2019, Alabama, Louisiana, and South Dakota sued to prevent further ratification of the ERA.
Despite the uncertainty, proponents argue that the ERA can advance the cause of equality in the twenty-first century.
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Frequently asked questions
The Equal Rights Amendment is a proposed amendment to the United States Constitution that would explicitly prohibit gender discrimination and guarantee legal gender equality for women and men.
The Equal Rights Amendment was first introduced in Congress in 1923. It was approved by the U.S. House of Representatives in 1971 and by the U.S. Senate in 1972, after which it was submitted to the state legislatures for ratification. As of 2025, 38 states have ratified the ERA, but it is not yet a part of the Constitution.
The Equal Protection Clause is part of the Fourteenth Amendment to the United States Constitution, which was ratified in 1868. It provides that "no state shall ... deny to any person within its jurisdiction the equal protection of the laws." While it was intended to validate the equality provisions of the Civil Rights Act of 1866, it did not initially apply to women.
