Simone Lawson
The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would explicitly prohibit gender discrimination. Despite gaining support from both men and women, it has not been ratified and is not currently part of the Constitution. The ERA was first introduced in Congress in 1923 and has been reintroduced numerous times since, with 38 states finally ratifying it. However, whether its protections for women's rights will be added to the Constitution remains uncertain.
| Characteristics | Values |
|---|---|
| Proposed by | Alice Paul and Crystal Eastman |
| First introduced in Congress | December 1923 |
| Aim | Prohibit sex discrimination |
| Ratification status | Debated |
| Deadline | 1979, later extended to 1982 |
| Number of states needed for ratification | 38 |
| Number of states that have ratified as of 2020 | 38 |
| Current status | Not a part of the Constitution |
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What You'll Learn
The ERA's failure to achieve ratification
The Equal Rights Amendment (ERA) was first proposed in 1923 as an amendment to the United States Constitution that would explicitly prohibit gender discrimination. Despite gaining momentum in the 1960s and being reintroduced in Congress in 1971, the ERA failed to achieve ratification by the initial deadline of March 1979. This was due in part to opposition from conservative activists and the emerging religious right, who argued that the ERA would lead to social changes they opposed, such as gender-neutral bathrooms and women in military combat roles.
The ERA was initially approved by the US House of Representatives in 1971 and by the US Senate in 1972, sending it to state legislatures for ratification with a seven-year deadline. By 1978, 35 states had approved the amendment, but this fell short of the required 38 states for ratification. Despite a deadline extension to 1982 and continued support from prominent figures like President Carter, the ERA ultimately failed to gain enough state ratifications.
The failure to achieve ratification can be attributed to several factors. One significant factor was the organized opposition from conservative groups and the religious right, who launched campaigns to stop the ERA. Their arguments against the ERA, such as those made by conservative lawyer and activist Phyllis Schlafly, gained traction and influenced public opinion. Additionally, the ERA faced criticism from some feminists who believed it would not effectively protect women's rights and could potentially harm existing gains.
Another factor in the ERA's failure was the timing and political landscape of the era. The amendment faced challenges due to shifting political priorities and a lack of sustained momentum over the years. Despite initial support from both Democratic and Republican platforms in the early 1940s, the ERA struggled to maintain bipartisan backing as time passed. By the time Nevada and Illinois ratified the amendment in 2017 and 2018 respectively, it had been four decades since the previous ratification, highlighting the long periods of inactivity in the campaign.
Furthermore, the ERA's text and scope also played a role in its failure to gain universal support. Some critics argued that the amendment was too broad and could have unintended consequences. The lack of specificity in the text left room for varying interpretations, making it challenging to build a consensus. Additionally, the ERA's focus on legal equality may have overlooked the need for addressing societal inequalities and structural barriers that prevent true gender equality.
While the ERA has not been added to the Constitution, the ongoing efforts for its ratification and the increasing number of state ratifications in recent years demonstrate a continued commitment to gender equality. As of 2020, 38 states have ratified the ERA, and the debate around its constitutional status remains ongoing.
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The ERA's wording and potential alternatives
The Equal Rights Amendment (ERA) was first proposed in 1923 by Alice Paul and Crystal Eastman. The original wording read:
> 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.
In 1943, Paul revised the amendment to reflect the wording of the Fifteenth and Nineteenth Amendments. This revision became Section 1 of the version passed by Congress in 1972:
> Section 1: Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.
> Section 2: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
> Section 3: This amendment shall take effect two years after the date of ratification.
Opponents of the ERA proposed an alternative in the 1940s, which provided that "no distinctions on the basis of sex shall be made except such as are reasonably justified by differences in physical structure, biological differences, or social function." However, this alternative was quickly rejected by both pro- and anti-ERA coalitions.
Despite the ERA being ratified by 38 states, it is still not officially part of the Constitution. In recent years, there have been efforts to remove the ratification deadline and start the process over. In 2011, Representative Tammy Baldwin introduced legislation to remove the deadline, but it failed to pass. In 2012, Senator Benjamin L. Cardin introduced a similar resolution with slight differences in wording.
While the ERA has not been added to the US Constitution, many states have adopted their own constitutions or constitutional amendments that provide equal rights regardless of sex. Twenty-eight states have constitutions that provide either inclusive or partial guarantees of equal rights regardless of sex, and some states, such as New York, Maine, and Minnesota, are working towards passing their own ERAs.
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The role of grassroots women's movements
The Equal Rights Amendment (ERA) was a proposed amendment to the United States Constitution that would explicitly prohibit gender discrimination. It was written by Alice Paul, the leader of the National Woman's Party, and first introduced in Congress in December 1923. The ERA sought to end legal distinctions between men and women in terms of divorce, property, employment, and other matters.
Grassroots projects and initiatives were also instrumental in advancing women's rights and empowering women at a local level. These projects included establishing women's newspapers, bookstores, and cafes. Additionally, women's shelters, rape crisis hotlines, and women's health clinics were set up to address issues of domestic violence, sexual abuse, and reproductive health. Childcare centers were also formed to enable women to work outside their homes.
The National Organization for Women (NOW), founded in 1966, played a pivotal role in advocating for the ERA. Despite facing ideological divisions and losing members due to differing opinions on abortion laws, NOW remained a significant force in the women's movement. The organization worked towards achieving consensus on measures essential for ensuring women's equality, such as enforcement of laws banning employment discrimination, maternity leave rights, and equal access to education.
In 1972, the ERA finally passed in Congress and was sent to the states for ratification. Thirty-eight states were required to ratify the amendment, and within a year, 30 states had acted to do so. However, the momentum slowed as conservative activists launched campaigns against the ERA, arguing that it would lead to gender-neutral bathrooms, same-sex marriage, and women in military combat. Despite the challenges, the push for the ERA continued, and by 2020, 38 states had ratified the amendment.
While the ERA has not yet been added to the Constitution, the grassroots efforts and activism of women's movements have been instrumental in advancing the cause of equality and empowering women at the local and national levels. These movements have paved the way for legal victories and expanded rights for women, even in the absence of the ERA's inclusion in the Constitution.
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The impact of conservative activism
The Equal Rights Amendment (ERA) was a proposed amendment to the United States Constitution that would explicitly prohibit gender discrimination. It was first introduced in Congress in 1923 but has not been ratified, despite several attempts over the years. The ERA gained momentum again in the 1970s, with the rise of the women's movement and the support of President Carter, who believed it was a crucial step towards guaranteeing equal rights for all Americans.
However, the push to adopt the ERA faced significant opposition from conservative activists and the religious right, who launched campaigns to stop it. One key figure in this movement was Phyllis Schlafly, a conservative lawyer and activist who argued that the ERA would lead to gender-neutral bathrooms, same-sex marriage, and women in military combat, among other things. This opposition slowed down the momentum of the ERA, and it failed to be ratified by the original deadline of 1979, or the extended deadline of 1982.
Additionally, the conservative activism against the ERA was able to frame the amendment as a threat to traditional gender roles and family values. This messaging resonated with many people, particularly those who held more conservative beliefs about the role of women in society. The opposition argued that the ERA was unnecessary and that women already had equal rights under the law, despite evidence to the contrary.
The impact of this conservative activism was lasting, and even as the ERA gained renewed support in recent years, with 38 states having ratified it as of 2020, the amendment has still not been added to the Constitution. The delay in ratification has also led to questions about the relevance and interpretation of an amendment introduced almost a century ago.
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The ERA's ongoing pursuit by advocates
The Equal Rights Amendment (ERA) was first introduced in Congress in 1923, but despite numerous attempts, it has not been ratified. The ERA seeks to explicitly prohibit gender discrimination and enshrine equal rights for women in the US Constitution. Despite gaining momentum in the 1970s and receiving bipartisan support, the ERA has faced opposition and has not been able to secure the necessary ratification by three-quarters of the states.
The ongoing pursuit of the ERA by advocates has spanned decades and continues to be a priority for those seeking gender equality in the United States. The ERA was reintroduced in Congress multiple times after its initial proposal in 1923, and it gained significant traction in the 1970s with the rise of the women's movement. In 1972, the ERA was passed by Congress and sent to the states for ratification, with an initial deadline of 1979. This deadline was later extended to 1982 by Congress and supported by President Carter, who advocated for the ERA and women's equality.
Despite the efforts of ERA advocates, the amendment faced strong opposition, particularly from conservative activists and the religious right. Their campaign successfully slowed the momentum, and the ERA fell short of the required number of state ratifications by the extended deadline. However, support for the ERA has continued, and there have been recent successes. In 2017, Nevada became the first state to ratify the ERA since 1977, followed by Illinois in 2018, and Virginia in 2020. These ratifications have brought renewed attention to the ERA and increased GOP support.
Advocates continue to push for the ERA's inclusion in the Constitution, arguing that it is necessary to advance equality in the twenty-first century. They emphasize that the ERA would guarantee equal rights for women and ensure that legislative decisions are made based on individual merit rather than gender. Despite the challenges and the extended timeframe, supporters of the ERA remain dedicated to their cause. The ongoing pursuit of the ERA highlights the enduring commitment of advocates to secure constitutional protections for gender equality in the United States.
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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.
The ERA was first introduced in Congress in 1923 by Representative Martha Griffiths. It was written by Alice Paul and Crystal Eastman.
The ERA failed to achieve ratification in 1923. However, women gradually achieved greater equality through legal victories, including the Voting Rights Act of 1965, which codified the right to vote for all women.
Yes, the ERA has gained support over time. In 1971, it was reintroduced and approved by the U.S. House of Representatives. By 1972, it had been approved by the U.S. Senate and passed by Congress, with a deadline for ratification by March 1979.
While the ERA gained momentum in the 1970s, with 35 states approving it for ratification, conservative activists launched a campaign against it, arguing it would lead to gender-neutral bathrooms and women in military combat, among other things. The ERA faced further challenges when some states rescinded their approval, and the deadline for ratification passed without the required 38 states. While there have been recent efforts to revive the ERA, its future remains uncertain.
