Equal Rights Amendment

Equal Rights Amendment
Legislature	United States Congress
Long title	A joint resolution proposing an amendment to the Constitution of the United States relative to equal rights for men and women.
Introduced in the	Senate
Introduced by	Charles Curtis and Daniel Read Anthony Jr.
Introduced on	December 10, 1923
Passed body1	Senate
Passed date1	March 22, 1972
Passed body2	House of Representatives
Passed date2	October 12, 1971
Status	Not ratified

Equal Rights Amendment. The proposed amendment to the United States Constitution designed to guarantee equal legal rights for all American citizens regardless of sex. First introduced in Congress in 1923, it seeks to end legal distinctions between men and women in matters of divorce, property, employment, and other areas. Its central provision states that equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex. The amendment's long journey through the legislative process and ratification debates has made it a defining issue in the history of American feminism and constitutional law.

History and background

The intellectual and political origins are deeply rooted in the women's suffrage movement of the late 19th and early 20th centuries. Following the successful campaign for the Nineteenth Amendment, leaders like Alice Paul and the National Woman's Party sought to address remaining legal inequalities. Paul drafted the initial text, believing the Fourteenth Amendment was insufficient to protect women from discriminatory laws. Early advocacy faced significant challenges, including opposition from some labor reformers like Florence Kelley who feared it would undermine protective labor legislation for women. The concept gained renewed momentum during the social upheavals of the 1960s, propelled by the publication of Betty Friedan's The Feminine Mystique and the founding of the National Organization for Women.

Text and provisions

The definitive text passed by Congress in 1972 contains three succinct sections. Section 1 declares, "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 grants Congress the power to enforce the article by appropriate legislation. Section 3 states the amendment shall take effect two years after the date of ratification. This language was intended to provide a clear, broad constitutional standard, superseding various state laws and prompting a comprehensive review of the United States Code and state codes. Legal scholars have debated its potential impact on areas like the military draft, same-sex marriage, and abortion rights.

Legislative history and ratification process

The amendment was introduced in every session of Congress from 1923 onward but failed to reach the floor for a vote for decades. A turning point came in 1970 when Representative Martha Griffiths successfully discharged it from the House Judiciary Committee. It passed the House in 1971 and the Senate in 1972, with the required two-thirds majority. Pursuant to Article V, Congress set a seven-year ratification deadline within the proposing clause. Ratification proceeded rapidly initially, with states like Hawaii, New Hampshire, and Delaware approving it quickly. The process slowed considerably by the mid-1970s, leading Congress to extend the deadline to 1982 by passing Public Law 95-555. Despite this, only 35 states ratified it, falling short of the required 38.

Opposition and support

Support was championed by a broad coalition including the National Organization for Women, the League of Women Voters, and leaders like Gloria Steinem, Shirley Chisholm, and Bella Abzug. They argued it was a necessary foundation for eliminating sex discrimination in wages, credit, and education. The most organized opposition was led by conservative activist Phyllis Schlafly and her STOP ERA campaign. Schlafly argued it would dismantle traditional family structures, eliminate alimony and child support protections for women, and lead to unisex bathrooms and women being drafted into combat roles. This opposition was highly effective in states like Illinois, Florida, and Utah, and garnered support from groups like the John Birch Society.

Legal and political status

Following the 1982 deadline, the amendment was widely considered defeated. However, a modern revival movement, often called the "three-state strategy," began after Nevada ratified it in 2017, followed by Illinois in 2018 and Virginia in 2020, bringing the total to 38 states. This has sparked complex legal and political questions regarding the validity of the original deadline and the rescission of ratifications by states like Idaho, Kentucky, Nebraska, Tennessee, and South Dakota. In 2021, the House passed H.J.Res.17 to remove the ratification deadline, but a similar measure failed in the Senate. The Archivist of the United States has not certified the amendment, pending resolution of these issues, and lawsuits have been filed by Attorneys General from states like Alabama and Louisiana.

Impact and legacy

Despite not being formally added to the Constitution, it profoundly influenced American law and society. Its pursuit galvanized the feminist movement, leading to significant legislative achievements like the Equal Pay Act of 1963, Title IX, the Pregnancy Discrimination Act, and the Violence Against Women Act. Many states, including California, Pennsylvania, and Colorado, adopted their own state equal rights amendments. The national debate shifted the legal landscape, with the Supreme Court applying heightened scrutiny to sex-based classifications in cases like Reed v. Reed and United States v. Virginia. It remains a potent symbol in ongoing political debates about gender equality, referenced in movements like the Women's March and discussions surrounding the Equal Rights Amendment's potential ratification.

Category:Proposed amendments to the United States Constitution Category:1972 in American law Category:Women's rights in the United States