The Equal Rights Amendment: Law Or Not?

The Equal Rights Amendment (ERA) was first proposed in 1923 as an amendment to the United States Constitution that would guarantee equality of rights under the law for all persons regardless of sex. Despite being reintroduced in Congress several times, it was only in 1972 that the ERA was passed by the Senate and sent to the states for ratification. However, the ERA failed to be ratified by the requisite majority of 38 states until 2020, when Virginia became the 38th state to ratify it. While some argue that the ERA is now part of the Constitution, the Archivist of the United States has not yet certified its ratification as the 28th Amendment due to issues with its unique ratification process.

The Equal Rights Amendment (ERA) was first proposed in 1923

The ERA was first introduced in Congress in December 1923. It stated: "Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction." The amendment was named the "Lucretia Mott Amendment" by Paul, after a female abolitionist who fought for women's rights and attended the First Women's Rights Convention.

The ERA was introduced in every session of Congress from 1923 to 1972 but made little progress. In 1946, it was narrowly defeated in the Senate, 38-35. In 1950, the ERA passed the Senate with a rider that nullified its equal protection aspects.

Alice Paul continued to revise the amendment, and in 1943, she revised it to reflect the wording of the Fifteenth and Nineteenth Amendments. This text would later become Section 1 of the version passed by Congress in 1972: "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex."

In the early 1940s, both the Republican and Democratic parties added their support for the ERA to their platforms. However, the ERA faced opposition from those who believed it would remove protections for women, such as exemption from military service and economic support from husbands.

With the rise of the women's movement in the 1960s, the ERA gained increasing support. It was reintroduced by Representative Martha Griffiths in 1971 and approved by the House that year. It was then approved by the Senate in 1972, thus submitting the ERA to the state legislatures for ratification.

The ERA was placed before the state legislatures on March 22, 1972, with a seven-year deadline for ratification by three-fourths (38) of the state legislatures. A majority of states ratified the proposed amendment within a year. However, mounting opposition from conservative religious and political organizations slowed the progress, and the ERA was not ratified by the requisite majority of states until 2020.

The ERA was approved by the US Senate in 1972

The Equal Rights Amendment (ERA) was first proposed in 1923 by the National Woman's Party, led by Alice Paul. The amendment sought to guarantee equal legal rights for all American citizens regardless of sex. In 1971, Representative Martha Griffiths reintroduced the ERA, and it was approved by the House of Representatives.

The following year, on March 22, 1972, the ERA was approved by the US Senate without any changes. The vote was 84 yeas, 8 nays, and 7 not voting. The amendment was then sent to the state legislatures for ratification, with a seven-year deadline for approval by three-fourths of the states, or 38 states.

The ERA was first drafted in 1923 by Alice Paul and Crystal Eastman, leaders of the women's suffrage movement. For proponents of women's rights, the ERA was the logical next step after achieving the right to vote through the adoption of the 19th Amendment. They believed that enshrining gender equality in the Constitution would help overcome obstacles that kept women as second-class citizens.

While the text of the ERA has evolved over the years, its core principle has remained unchanged. The version approved by Congress in 1972 stated:

> "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."

The ERA's approval by the US Senate in 1972 was a significant milestone, but the battle for its ratification in the states was just beginning. Despite strong initial support, with 22 states ratifying the amendment in the first year, opposition emerged, and the path to achieving the required 38 state ratifications became challenging.

The ERA was ratified by 30 states within a year

The Equal Rights Amendment (ERA) was first proposed in 1923 by the National Woman's Party, led by Alice Paul, to guarantee equal legal rights for all American citizens regardless of sex. The amendment was first introduced in Congress in December 1923, three years after women in the United States were granted the right to vote.

The ERA gained significant momentum in the 1960s with the rise of the women's movement in the United States. It was reintroduced in Congress in 1971 by Representative Martha Griffiths and approved by the U.S. House of Representatives that year. On March 22, 1972, the ERA was approved by the U.S. Senate and sent to the state legislatures for ratification, with a seven-year deadline for ratification by three-fourths (38) of the states.

Within a year of its Senate approval, the ERA was ratified by 30 states, including Hawaii, New Hampshire, Delaware, Iowa, Kansas, Texas, Alaska, Rhode Island, New Jersey, Colorado, West Virginia, Wisconsin, New York, Michigan, Maryland, Massachusetts, Pennsylvania, California, Wyoming, South Dakota, Oregon, Minnesota, New Mexico, Vermont, Connecticut, and Washington. This rapid progress towards ratification reflected the strong support for the ERA at the time.

However, the momentum for the ERA slowed down as conservative activists, led by Phyllis Schlafly and allied with the emerging religious right, launched a campaign against the amendment. They argued that the ERA would lead to the loss of women's privileges and protections, such as exemption from military service and combat duty, and economic support from their husbands. The opposition campaign was successful in eroding support for the ERA, particularly among Republicans.

Despite the initial strong support and rapid progress, the ERA faced challenges in gaining the remaining necessary ratifications. The pace of ratification slowed down, and by 1977, only 35 states had ratified the amendment. The deadline for ratification was extended to June 30, 1982, but no new states signed on, and the ERA ultimately fell short of the required number of ratifications by the extended deadline.

The ERA has continued to be reintroduced in Congress and remains a subject of debate and advocacy. In recent years, there has been a resurgence of interest in the ERA, with Nevada ratifying the amendment in 2017, Illinois in 2018, and Virginia becoming the 38th state to ratify it in 2020. While the ERA technically reached the required number of ratifications in 2020, there are still legal and procedural questions surrounding the lapsed deadlines and the rescission of ratification by some states.

The ERA faced opposition from conservative religious and political organisations

The Equal Rights Amendment (ERA) faced opposition from conservative religious and political organisations, which slowed its progress and ultimately prevented its ratification.

The main objections to the ERA were based on fears that women would lose privileges and protections, such as exemption from military service and combat duty, and economic support from their husbands for themselves and their children. Religious conservatives also opposed the ERA, arguing that it would guarantee universal abortion rights and the right for same-sex couples to marry.

The opposition campaign was led by conservative lawyer and activist Phyllis Schlafly, who founded the STOP ERA campaign. Schlafly argued that the ERA would lead to gender-neutral bathrooms, same-sex marriage, and women in military combat, among other things. Schlafly's arguments resonated with working-class women, who believed that protective laws would be lost if the ERA was ratified.

Opposition to the ERA also came from other traditional sectors. States'-rights advocates saw the ERA as a federal power grab, and business interests, such as the insurance industry, opposed it because they believed it would cost them money.

The National Organization for Women (NOW) led the pro-ERA advocacy, arguing that the issue was mainly economic and that many sex-discriminatory state and federal laws perpetuated a state of economic dependence among a large number of women.

The ERA was reintroduced in Congress in 1982

The Equal Rights Amendment (ERA) was reintroduced in Congress in 1982, following its failure to be ratified by the required number of states by the June 30, 1982, deadline.

The ERA was first introduced in Congress in 1923, but it was not until the 1970s that it gained traction. The ERA was passed by the House in 1971 and by the Senate in 1972, after which it was submitted to the state legislatures for ratification. A seven-year deadline was set for ratification by three-fourths (38) of the state legislatures.

By 1978, only 35 states had ratified the ERA, and Congress voted to extend the deadline by three years. However, no new states ratified the amendment during this extended period, and five states—Nebraska, Tennessee, Idaho, Kentucky, and South Dakota—rescinded their prior approval.

In 1982, with the deadline having passed, most activists and lawmakers accepted the ERA's defeat. However, the ERA was reintroduced in Congress in July 1982, and "start-over" ERA bills have been introduced in every session of Congress since.

In 1983, the ERA passed through House committees, but it failed to achieve the necessary two-thirds majority vote on the House floor, falling short by just six votes. This was the last time the ERA received a floor vote in either house of Congress.

Despite the setbacks, the fight for the ERA continued, with activists holding rallies, petitioning, picketing, going on hunger strikes, and performing acts of civil disobedience. In 2017, Nevada became the first state in 40 years to ratify the ERA, followed by Illinois in 2018 and Virginia in 2020, bringing the total number of ratifications to 38.

The ERA's ratification remains disputed, and it has not been certified as part of the Constitution. There are ongoing legal and political challenges surrounding the unique ratification process, including the expired deadlines and rescissions by some states.

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