ID: Equal Rights Amendment (ERA)
WHEN: Proposed March 22, 1972; Ratification deadline: originally 1979, extended to 1982
WHO:
- Supporters: National Organization for Women (NOW), Alice Paul (originated the idea in the 1920s), many feminists and women’s rights activists.
- Opponents: Phyllis Schlafly, STOP ERA, conservative women and groups.
- Congress: Initially passed by both houses of Congress.
- State Legislatures: Needed for ratification.
WHAT:
A proposed amendment to the US Constitution designed to guarantee equal legal rights for all American citizens regardless of sex. It aimed to end legal distinctions between men and women in matters of divorce, property, employment, and other areas. The key clause was: “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.”
IMPACT: Why Significant?:
- Initial Momentum: Received strong bipartisan support initially and quickly gained ratifications by numerous states.
- Rise of the New Right: Fueled the rise of the New Right conservative movement, particularly due to the mobilization of conservative women against the ERA.
- STOP ERA: Phyllis Schlafly and STOP ERA successfully campaigned against the ERA, arguing it would harm traditional family values, lead to women being drafted, and eliminate legal protections for women.
- Failure to Ratify: Despite the extension, the ERA failed to achieve ratification by the necessary 38 states by the 1982 deadline. Several states rescinded their earlier ratifications, further hindering its progress.
- Ongoing Debate: The ERA continues to be debated and reintroduced in Congress. Advocates still argue for its necessity to ensure full gender equality in the US Constitution, while opponents maintain their concerns about its potential consequences.
- 14th Amendment: Question of whether the 14th amendment already protects against gender discrimination.