Equal Rights Amendment

The Unfulfilled Promise of the Equal Rights Amendment

Imagine a world where every American citizen is treated equally under the law, regardless of their gender. That’s what the Equal Rights Amendment (ERA) aims to achieve. First introduced in 1923 by Alice Paul and Crystal Eastman, this amendment has been a beacon of hope for women’s rights advocates for nearly a century.

The Genesis of the ERA

Back in 1921, the idea of an ERA was born. Alice Paul believed that the Nineteenth Amendment alone wasn’t enough to ensure true equality between men and women. She envisioned a constitutional amendment that would explicitly prohibit sex discrimination. The resolution text proposed by Paul states: ‘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 simple yet powerful statement encapsulates the essence of what the ERA seeks to achieve.

A Century of Struggle

Despite its clear and straightforward language, the ERA has faced numerous obstacles. It was first introduced in 1923 but made little progress until the 1960s when it gained support during the women’s movement. The amendment was reintroduced in each subsequent Congress, only to be blocked by committees or defeated by a lack of supermajority votes.

The ERA’s Journey Through Time

World War II played a significant role in shifting public opinion towards the ERA. As women took on untraditional roles at home and in the workforce, they proved their capabilities, challenging traditional gender roles. This shift was mirrored by political parties; both Democratic and Republican platforms supported the ERA during the 1940s.

Support and Opposition

The support for the ERA came from diverse quarters, including Gloria Steinem, who advocated for it as a means to address unequal treatment between men and women. However, opposition was fierce, led by Phyllis Schlafly and the Women’s Bureau, who argued that the amendment would undermine existing protections for working women.

The 1970s: A Turning Point

In 1972, the ERA finally reached a critical juncture. It was placed before state legislatures with a seven-year deadline to acquire ratification by three-fourths of the states. Within a year, 22 states ratified the amendment. However, momentum began to wane as only five more states approved it between 1974 and 1977.

Rescinding Ratifications

The landscape further complicated when some state legislatures attempted to rescind their earlier ratifications. This led to a legal battle over whether these rescissions were valid, with the U.S. Supreme Court ruling that Congress had no formal role in passing constitutional amendments.

Modern Efforts and Legal Battles

In 2017, Nevada became the first state to ratify the ERA after the original deadline expired. This was followed by Illinois in 2018 and Virginia in 2020. However, legal challenges ensued as various states sued to prevent further ratifications.

Conclusion

The Equal Rights Amendment remains a symbol of unfinished business in American constitutional law. Its journey through the political landscape has been marked by both progress and setbacks. As we continue to grapple with issues of gender equality, the ERA stands as a reminder of the ongoing struggle for true legal parity.