The Equal Rights Amendment

The Equal Rights Amendment (ERA) is a proposed change to the United States Constitution. Its goal is to guarantee equal rights for all Americans, regardless of gender. For decades, people have debated whether the ERA is necessary and how it could impact society. This article explains what the ERA is, its history, and why it remains a topic of discussion today.

What Is the Equal Rights Amendment?

The Equal Rights Amendment is a proposed law that would make it illegal for the government to treat people differently based on their gender. It says:

“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 means that men and women should have the same legal rights and protections in areas like work, education, and property ownership.

The History of the ERA

1. Early Beginnings

The idea for the ERA began in the early 20th century. Women’s rights activists, including Alice Paul, introduced the amendment in 1923. At that time, women had recently gained the right to vote with the 19th Amendment, and activists wanted to ensure broader gender equality.

2. The 1970s Movement

The ERA gained major attention in the 1970s during the women’s rights movement. In 1972, Congress passed the amendment and sent it to the states for approval. For an amendment to become part of the Constitution, at least 38 states (three-fourths of the 50 states) must ratify it.

By 1977, 35 states had ratified the ERA. However, strong opposition emerged, and no additional states approved it before the 1982 deadline set by Congress.

Why Do Some People Support the ERA?

Supporters of the ERA believe it is necessary to ensure equality for everyone, regardless of gender. They argue that:

Closing Legal Gaps

While there are laws that protect against gender discrimination, supporters say these laws can be changed or overturned. Adding the ERA to the Constitution would provide stronger and permanent protections.

Advancing Women’s Rights

The ERA could help address issues like unequal pay, workplace discrimination, and violence against women. It would make it easier for women to fight these injustices in court.

Modernizing the Constitution

Supporters say the Constitution should reflect the values of equality and fairness. Adding the ERA would send a strong message that gender discrimination is unacceptable in the United States.

Why Do Some People Oppose the ERA?

Not everyone agrees with the ERA. Opponents raise concerns such as:

Redundancy

Some argue that the ERA is unnecessary because existing laws, like the Equal Pay Act and Title IX, already protect against gender discrimination.

Unintended Consequences

Critics worry that the ERA could have unforeseen effects. For example, they fear it could impact laws related to gender-specific services, like women-only shelters or maternity leave.

States’ Rights

Others believe that states, not the federal government, should handle issues related to gender equality. They argue that the ERA would give too much power to the federal government.

The ERA Today

In recent years, the ERA has made a comeback. By 2020, Nevada, Illinois, and Virginia had ratified the amendment, bringing the total to 38 states—the number needed for it to become law. However, there is debate over whether the ratifications count because they happened after the 1982 deadline.

Supporters argue that the deadline should not matter and that the ERA should be added to the Constitution. Opponents, including some government officials, believe the process must start over. The issue is now in the hands of courts and lawmakers.

Why Does the ERA Matter?

The ERA is more than just a legal debate. It represents the ongoing fight for gender equality in the United States. Many people see it as a symbol of progress and fairness. Others view it as a step too far or believe it is unnecessary in today’s society.

Regardless of opinions, the ERA has sparked important conversations about how to create a society where everyone is treated equally. These discussions have led to changes in laws, attitudes, and policies, even if the amendment itself has not yet been added to the Constitution.

Conclusion

The Equal Rights Amendment is a powerful idea with a long and complicated history. It reflects the hopes and struggles of people who believe in gender equality and fairness. While it has not yet become part of the Constitution, the ERA continues to inspire debates and efforts to create a more just society.

Whether you support or oppose the ERA, it is clear that the amendment raises important questions about what equality means and how to achieve it. The story of the ERA is not just about laws—it is about the values that shape the United States and its future.