INTRO: The Equal Rights Amendment (ERA) has been a focal point in the ongoing fight for gender equality in the United States. Despite being proposed nearly a century ago, the quest for its ratification continues to spark debate and activism. Here are ten essential facts about the ERA that illuminate its historical significance and current relevance.
1. The Equal Rights Amendment Aims for Gender Equality in Law
The Equal Rights Amendment is designed to ensure that individuals are treated equally under the law regardless of their sex. Specifically, it states that “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 succinct declaration seeks to eliminate legal distinctions between men and women, thereby promoting gender equality as a fundamental right.
2. Originally Proposed in 1923, The ERA Took Decades to Advance
Though the ERA was first introduced in Congress in 1923, it took nearly half a century for it to gain substantial traction. Initially met with resistance and a lack of urgency, the movement for the ERA gained momentum during the civil rights movements of the 1960s and 1970s. As social attitudes toward gender equality began to shift, the ERA was reintroduced and passed by Congress in 1972, yet its journey was far from over.
3. The ERA Has Been Ratified by 38 States Since 1972
After its passage by Congress in 1972, the ERA required ratification by 38 states to become part of the Constitution. By the 1980s, 35 states had ratified it, but the momentum slowed dramatically. In recent years, advocates have succeeded in securing the necessary number of ratifications, with the final state—Virginia—ratifying the amendment in 2020, sparking renewed discussions about its constitutional status.
4. It Seeks to Eliminate Discrimination Based on Sex
The core purpose of the ERA is to eliminate sex-based discrimination, addressing a wide array of issues, from employment and education to healthcare and reproductive rights. Proponents argue that, without the guarantee of equal rights in the Constitution, various laws and regulations that discriminate against women may go unchecked. The ERA would serve as a powerful legal tool in challenging such inequities.
5. The ERA Was First Introduced by Alice Paul in 1923
Alice Paul, a prominent suffragist and women’s rights activist, was the driving force behind the introduction of the ERA in 1923. Inspired by the broader push for women’s suffrage, Paul believed that the Constitution should explicitly guarantee equal rights for women. Her vision was to enshrine gender equality in law, which she saw as essential for achieving full citizenship status for women.
6. The Amendment Faces Ongoing Controversy and Debate
Despite its long history and the support it has garnered, the ERA remains a topic of heated debate. Opponents argue that the amendment is unnecessary, citing existing laws that protect women’s rights. Others express concerns about potential unintended consequences, such as the impact on single-sex spaces or military drafts. These contentious debates highlight the complexities surrounding gender equality and legal protections.
7. 2020 Marked the Year Virginia Became the 38th State
In January 2020, Virginia became the 38th state to ratify the Equal Rights Amendment, a pivotal moment in the history of gender equality in the United States. This ratification reignited discussions about the amendment’s potential adoption and its implications for women’s rights. Advocates celebrated this achievement as a significant step toward enshrining gender equality within the framework of the U.S. Constitution.
8. The ERA Is Part of the U.S. Constitution’s Amendment Process
The process for amending the U.S. Constitution is intentionally rigorous, requiring a supermajority for approval. This includes a two-thirds majority vote in both houses of Congress and ratification by three-fourths of the states. The ERA was passed by Congress in 1972 with a seven-year deadline for ratification, which was later extended, adding to the complexity surrounding its acceptance into the Constitution.
9. Advocates Argue the ERA Would Strengthen Women’s Rights
Supporters of the ERA assert that its inclusion in the Constitution would strengthen women’s rights and provide a clearer legal framework for combating gender discrimination. They argue that having a constitutional guarantee would empower individuals to challenge discriminatory laws and practices more effectively. This framework could help address ongoing disparities in wages, job opportunities, and representation in various sectors.
10. The Amendment Has Only One Sentence: "Equality of Rights"
Remarkably, the Equal Rights Amendment is composed of just one, straightforward sentence: “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 simplicity belies its profound implications. By distilling the concept of gender equality into a single declaration, the ERA aims to establish a fundamental principle that shapes laws and societal norms, ensuring that gender does not determine one’s rights or opportunities.
OUTRO: The Equal Rights Amendment represents an enduring pursuit of gender equality within the legal framework of the United States. While its journey has been fraught with challenges, the ongoing advocacy surrounding the ERA underscores the importance of enshrining equal rights for all in the Constitution. As discussions continue, the ERA remains a vital symbol of the fight for justice and equality in society.