Eleanor Finch
The Equal Rights Amendment (ERA) has been a topic of discussion and debate for over a century in the United States. First proposed in 1923, the ERA aims to guarantee equal rights regardless of gender and prohibit gender-based discrimination. While the amendment has gained widespread support and been ratified by 38 states, including Nevada, Illinois, and Virginia, its inclusion in the Constitution is still uncertain. The ERA has faced opposition and challenges, including conservative campaigns arguing against its implementation. State constitutions and courts play an increasingly crucial role in protecting equal rights, with states like Texas, Hawaii, and Rhode Island interpreting and applying their ERAs in landmark cases. As the national dialogue on equality evolves, the impact of state-level ERAs and their potential inclusion in the Constitution remain significant issues.
| Characteristics | Values |
|---|---|
| Number of states with an ERA | 38 |
| States with an ERA | Alaska, California, Colorado, Hawaii, Illinois, Maryland, Nevada, New York, Rhode Island, Texas, Utah, Wyoming, Virginia |
| States with ERA bills introduced | Arizona, Florida, North Carolina, Utah, Virginia |
| States that have voted to rescind or withdraw ratification | 5 |
| Number of states that did not ratify the ERA by the 1982 deadline | 15 |
| States that did not ratify the ERA by the 1982 deadline | Alabama, Arizona, Arkansas, Florida, Georgia, Illinois, Louisiana, Mississippi, Missouri, Nevada, North Carolina, Oklahoma, South Carolina, Utah, Virginia |
| Number of states that acted to ratify the ERA within a year of the amendment being sent to the states for ratification | 30 |
| Deadline for three-quarters of states to ratify the ERA | March 1979; extended to June 30, 1982 |
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What You'll Learn
States that have ratified the ERA
The Equal Rights Amendment (ERA) was first proposed and introduced in Congress in 1923 by Alice Paul, a woman suffrage leader and head of the National Woman's Party. It states that "Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction."
The fight for a federal Equal Rights Amendment has been ongoing for over a century. While the ERA has not been added to the US Constitution, several states have passed their own ERAs or equivalent provisions. These states include Alaska, California, Colorado, Hawaii, Maryland, Nevada, New York, Rhode Island, Texas, Utah, and Wyoming.
In 1972, the Equal Rights Amendment passed in Congress with bipartisan support and was sent to the states for ratification. By 1977, 35 states had approved the amendment, but the deadline was extended to 1982 due to a lack of momentum. Unfortunately, the ERA did not meet the deadline, and by 2017, Nevada became the first state to ratify the measure in four decades.
As of 2020, 38 states have ratified the ERA, surpassing the three-quarters majority required for amendments to be added to the Constitution. However, it is still unclear whether the ERA's protections for women's rights will be incorporated into the Constitution.
The push for state-level ERAs has gained traction, with states like Virginia, Illinois, and Nevada recently joining the list of states that have ratified the amendment. The state-level ERAs vary in their provisions, with some guaranteeing equal rights regardless of gender and others prohibiting gender-based discrimination in specific circumstances.
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States with equal rights provisions
The fight for a federal Equal Rights Amendment (ERA) has been ongoing for over a century. While the amendment has met the ratification requirements, it has not yet been certified and published as part of the Constitution. The amendment was first introduced in 1923 by Alice Paul, a woman suffrage leader and head of the National Woman's Party.
The ERA guarantees equal rights for women and prohibits gender-based discrimination. While the 14th Amendment guarantees equal protection under the law, the ERA's proponents argue that it is necessary to explicitly guarantee equal rights for women in the Constitution.
As of 2020, 38 states have ratified the ERA, with Virginia being the latest state to do so. Other states that have ratified the ERA include Nevada, Illinois, Arizona, Arkansas, Florida, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, Utah, and more.
Some states with specific equal rights provisions in their constitutions include:
- Alaska, which states that no person shall be denied the enjoyment of any civil or political right because of race, color, creed, sex, or national origin.
- California, which prohibits disqualification from employment or business opportunities based on sex, race, creed, color, or national or ethnic origin.
- Colorado, which guarantees equality of rights under the law regardless of sex.
- Rhode Island, which mandates equal protection under the law and prohibits discrimination by the state based on race, gender, or handicap.
- Texas, which ensures equality under the law regardless of sex, race, color, creed, or national origin.
- Utah, which guarantees the right to vote and hold office regardless of sex, and ensures that all citizens enjoy civil, political, and religious rights and privileges.
- Wyoming, which protects the right to vote and hold office regardless of sex, and guarantees equal enjoyment of civil, political, and religious rights for both male and female citizens.
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States with equal protection language
The Equal Rights Amendment (ERA) has been ratified by 38 states, but it has not been certified and published as part of the Constitution. The amendment was first proposed in 1923 and introduced in Congress in the same year. It states: "Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction."
The following states have passed amendments that include equal protection language:
Alaska
No person shall be denied the enjoyment of any civil or political right because of race, colour, creed, sex, or national origin.
California
A person may not be disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, colour, or national or ethnic origin.
Colorado
Equality of rights under the law shall not be denied or abridged because of sex.
Maryland
Equality of rights under the law shall not be denied or abridged because of sex, and abortion access shall be protected.
Nevada
Equality of rights under the law shall not be denied or abridged because of sex, and abortion access shall be protected. Nevada became the first state to ratify the ERA since 1977, doing so in 2017.
New York
Equality of rights under the law shall not be denied or abridged because of sex, and abortion access shall be protected.
Rhode Island
No person shall be deprived of life, liberty, or property without due process of law, and all people shall be guaranteed equal protection of the laws. No qualified person shall be subject to discrimination by the state or any entity doing business with the state on the basis of race, gender, or handicap.
Texas
Equality under the law shall not be denied or abridged because of sex, race, colour, creed, or national origin.
Utah
The rights of citizens to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens shall enjoy all civil, political, and religious rights and privileges.
Wyoming
The rights of citizens to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens shall equally enjoy all civil, political, and religious rights and privileges.
While the majority of state constitutions have gender equality provisions, the specific language and scope of these provisions vary. Some states have comprehensive provisions guaranteeing equal rights regardless of gender, while others prohibit gender-based discrimination in specific circumstances.
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States with ERA bills introduced
The Equal Rights Amendment (ERA) has been introduced in several state legislatures, including Arizona, Florida, North Carolina, Utah, and Virginia.
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. These ratifications have received bipartisan support and increased GOP backing for the ERA.
Some states with ERA bills introduced, like Arizona, Florida, North Carolina, and Utah, have yet to ratify the amendment. However, it is important to note that these states, along with Virginia, have actively introduced ERA bills in their legislatures, demonstrating a commitment to advancing equality.
Additionally, states like Alaska, California, Colorado, Maryland, New York, and Wyoming have passed amendments that protect against discrimination based on sex and safeguard abortion access, even if they have not specifically introduced ERA bills.
The ongoing efforts to introduce and ratify the ERA in various states reflect a growing recognition of the importance of ensuring equal rights for all citizens, regardless of gender, and addressing discrimination where it exists.
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States with ERA-related court cases
The fight for a federal Equal Rights Amendment (ERA) in the United States has been ongoing for over a century. While the ERA has not been ratified at the federal level, many states have adopted their own versions of the ERA, and state courts and constitutions are becoming increasingly important in the wake of the Supreme Court's ruling in Dobbs v. Jackson Women's Health Organization.
Pennsylvania
The Pennsylvania case represents a significant shift by allowing the state to use the state ERA to expand abortion access and protect reproductive rights. In Allegheny Reproductive Health v. Pennsylvania Department of Health and Human Services, the Pennsylvania Supreme Court ruled that the state's ban on Medicaid coverage for abortion constituted sex discrimination, triggering a review under the state ERA.
Nevada
Nevada's ERA, enacted in 2022, was used for the first time to challenge a state policy that discriminates based on sex. This marked a notable development in the state's constitutional history.
Hawaii
Hawaii's landmark marriage equality case, Baehr v. Lewin, relied on the state's ERA. The Supreme Court of Hawaii held that the prohibition of same-sex marriage was subject to strict scrutiny due to sex being a suspect classification under the ERA.
Texas
In 1987, the Supreme Court of Texas ruled that gender-based distinctions in the state's family code regarding parental rights of children born out of wedlock violated the state ERA. The court emphasised that even the most well-intentioned goals do not justify sex-based discrimination in light of the clear constitutional prohibition.
Rhode Island
Rhode Island courts have accepted middle-tier scrutiny in equality protection cases, citing the unique history and intent of the legislature. The state's constitution includes a provision that prohibits discrimination based on race, gender, or handicap by the state or its agents.
Wisconsin
The Wisconsin Supreme Court held that an 1849 law claimed to be a near-total abortion ban by a local prosecutor was impliedly repealed by subsequent legislation and did not ban the procedure in the state. Additionally, the court ruled that Montana's exclusion of greenhouse gas emissions from environmental reviews of fossil fuel projects violated the state constitution's guarantee of a clean and healthy environment.
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Frequently asked questions
38 states have ratified the ERA, but it is unclear whether its protections for women’s rights will be added to the Constitution.
The states that have ratified the ERA include Nevada, Illinois, Virginia, Texas, Rhode Island, Hawaii, California, Colorado, Maryland, New York, Alaska, and Wyoming.
The ERA would provide a constitutional remedy against sex discrimination by guaranteeing that legal rights may not be denied or abridged on account of sex.
