Isabella Carter
The Equal Rights Amendment (ERA) was a proposed amendment to the United States Constitution that would have explicitly prohibited sex discrimination. Despite gaining traction in the 1960s and being approved by the House of Representatives in 1971 and the Senate in 1972, the ERA was never ratified and thus never became part of the Constitution. Instead, the Fourteenth Amendment, added in 1868 after the Civil War, has been used to address sex discrimination issues and promote gender equality. This amendment includes the Equal Protection Clause, which guarantees equal protection of the laws for all people, and while it initially focused on racial equality, its interpretation has expanded over time. Title IX, enacted in 1972, is an example of how the Fourteenth Amendment has been applied to prohibit sex discrimination in education programs receiving federal financial assistance.
| Characteristics | Values |
|---|---|
| Amendment Number | Fourteenth Amendment |
| Year Adopted | 1868 |
| Year Extended to Sex-Based Discrimination | 1972 |
| Key Part | Equal Protection Clause |
| Equal Protection Clause | No state can deny any person "the equal protection of the laws" |
| Title | Title IX |
| Title IX Description | Prohibits discrimination on the basis of sex in any federally funded education program or activity |
| Title IX Year | 1972 |
| Equal Rights Amendment (ERA) | Proposed amendment that would explicitly prohibit sex discrimination |
| ERA Authors | Alice Paul and Crystal Eastman |
| ERA Year | First introduced in Congress in 1923 |
| ERA Status | Not ratified |
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What You'll Learn
The Fourteenth Amendment
One of the key provisions of the Fourteenth Amendment is the Citizenship Clause, which grants citizenship to “All persons born or naturalized in the United States,” thereby ensuring that formerly enslaved individuals are recognized as citizens. This marked a significant shift in the legal status of a significant portion of the population.
Additionally, the Fourteenth Amendment includes the Equal Protection Clause, which states that no state shall "deny to any person within its jurisdiction the equal protection of the laws." This clause has been central to many landmark cases, including those involving racial discrimination, reproductive rights, election recounts, and gender discrimination. While it originally did not extend equal protection to women, the United States Supreme Court expanded its interpretation in 1972 to encompass sex-based discrimination.
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Title IX
> "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."
The law was passed in 1972, when 42% of students enrolled in American colleges were female. It was introduced in Congress by Senator Birch Bayh of Indiana in 1971 and passed by the full Congress on June 8, 1972. Title IX was enacted to address a gap in the Civil Rights Act of 1964, which did not mention or address discrimination in education.
While there is no explicit amendment to the United States Constitution that prohibits sex discrimination, the 14th Amendment, ratified in 1868, has been interpreted to include this protection. The Equal Protection Clause of the 14th Amendment states that no state can "deny to any person within its jurisdiction the equal protection of the laws." While this initially did not apply to women, the Supreme Court extended equal protection to sex-based discrimination in 1972.
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Equal Rights Amendment (ERA)
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, three years after the ratification of the 19th Amendment, by Alice Paul and Crystal Eastman. The ERA sought to secure full equality for women by ending legal distinctions between men and women in divorce, property, employment, and other matters.
The ERA garnered increasing support with the rise of the women's movement in the United States during 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 the ERA to the state legislatures for ratification. A seven-year deadline, extendable by a simple majority in Congress, was set for 1979 but later extended to 1982. Despite the efforts of supporters, the ERA did not meet the requirement to be made into law, falling short of the necessary 38 states for ratification.
There have been ongoing efforts to ratify the ERA, with proponents asserting it would guarantee equal legal rights for all American citizens regardless of sex. Opponents, however, argue that it would remove protections for women and make them eligible for the military draft. The ERA has faced opposition from labour unions and organizations like the American Civil Liberties Union (ACLU) and the League of Women Voters, which feared the loss of protective labour legislation for women.
Despite not becoming part of the Constitution, the ERA has had a significant impact on discussions around women's equality and continues to be a topic of debate, with Congresswoman Ayanna Pressley introducing a resolution in 2025 to establish its ratification.
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Supreme Court rulings
The Fourteenth Amendment to the United States Constitution, ratified in 1868, states that no state can "deny to any person within its jurisdiction the equal protection of the laws." However, when it was first adopted, the Equal Protection Clause did not apply to women. It was not until 1971, with the case of Reed v. Reed, that the Supreme Court first applied the equal protection clause to gender discrimination. In this case, Sally Reed sued her ex-husband, Cecil Reed, over an Idaho law that favoured men over women as estate administrators. The Supreme Court ruled that the law was unconstitutional as it discriminated based on gender.
In 1972, the Supreme Court extended equal protection to sex-based discrimination. However, women have never been entitled to full equal protection, as the Court ruled that statutory or administrative sex classifications were subject to a less stringent standard of judicial review than other forms of discrimination.
The Equal Rights Amendment (ERA) was a proposed amendment to the Constitution that would have explicitly prohibited sex discrimination. It was first introduced in Congress in 1923 by Alice Paul and Crystal Eastman. With the rise of the women's movement in the 1960s, the ERA gained increasing support. It was approved by the House of Representatives in 1971 and by the Senate in 1972, after being reintroduced by Representative Martha Griffiths. Despite this, the ERA has never been ratified and is therefore not officially part of the Constitution.
The Supreme Court has continued to address sex discrimination issues through the interpretation of the Equal Protection Clause. The Court's ruling in Bostock v. Clayton County (2020) found that employment discrimination based on sexual orientation or gender identity violates Title VII of the Civil Rights Act. This decision has been significant for interpretations of the Fourteenth Amendment.
The Equality Act, currently a bill in Congress, seeks to amend the Civil Rights Act of 1964 to prohibit discrimination based on sex, sexual orientation, and gender identity in a wide range of areas, including employment, housing, and education. The Supreme Court's June 2020 ruling in Bostock v. Clayton County has already provided some protections for gay and transgender people in matters of employment. However, the Equality Act would expand these protections to other areas.
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Civil Rights Act of 1964
The Civil Rights Act of 1964 was a landmark piece of legislation in the United States, outlawing discrimination based on race, colour, religion, sex, and national origin. The act prohibited segregation in public places, such as theatres, restaurants, hotels, swimming pools, libraries, and public schools. It also made employment discrimination illegal.
The Civil Rights Act of 1964 was proposed by President John F. Kennedy in June 1963, in response to elevated racial tensions and a wave of African-American protests in the spring of that year. Kennedy's proposal aimed to guarantee equal treatment for all Americans, regardless of race. He sought to address voting rights, public accommodations, school desegregation, and non-discrimination in federally assisted programs. Kennedy's proposal was opposed by a filibuster in the Senate, led by Richard Russell, an 18-strong group of Southern Democratic Senators, and the lone Republican John Tower of Texas.
After Kennedy's assassination in November 1963, President Lyndon B. Johnson pushed the bill forward. The bill passed the House of Representatives on February 10, 1964, and after a 72-day filibuster, it passed the Senate on June 19, 1964. The final vote was 290-130 in the House and 73-27 in the Senate. The Civil Rights Act of 1964 was signed into law by President Johnson on July 2, 1964, just a few hours after it was passed by Congress.
The act remains one of the most significant legislative achievements in American history, providing for the integration of schools and other public facilities, and prohibiting employment discrimination. It was the most sweeping civil rights legislation since Reconstruction.
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Frequently asked questions
The Fourteenth Amendment, added in 1868, includes the Equal Protection Clause, which says that no state can deny any person "the equal protection of the laws." While this initially focused on racial equality, the interpretation has expanded over time.
The Equal Protection Clause is a part of the Fourteenth Amendment. It was created to ensure equal treatment under the law for all people, especially formerly enslaved African Americans.
In 1972, the United States Supreme Court extended equal protection to sex-based discrimination. The Equal Rights Amendment (ERA) was a proposed amendment that would have explicitly prohibited sex discrimination, but it was never ratified.
The Equal Rights Amendment was a proposed amendment to the United States Constitution that would have explicitly prohibited sex discrimination. It was written by Alice Paul and Crystal Eastman and first introduced in Congress in 1923.
The Fourteenth Amendment has been used to address sex discrimination issues and advance women's rights. It has also been instrumental in promoting equality in the United States, including racial equality and same-sex marriage.
