Equal Rights Amendment

Equal Rights Amendment (ERA), a proposed amendment to the U.S. Constitution that would invalidate many state and federal laws that discriminate against women; its central underlying principle is that sex should not determine the legal rights of men or women.

The text of the Equal Rights Amendment (ERA) 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” and further that “the Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.” The ERA was first introduced to Congress in 1923, three years after women in the United States were granted the right to vote (by the Nineteenth Amendment), and it was finally approved by the U.S. Senate 49 years later, in March 1972. It was then submitted to the state legislatures for ratification within seven years but, despite a deadline extension to June 1982, was not ratified by the requisite majority of 38 states until 2020. Following its ratification by the 38th state (Virginia), supporters of the ERA argued that if Congress were to adopt legislation rescinding the 1982 deadline, the ERA would become the 28th Amendment to the Constitution.

Although the ERA gained ratification of 30 states within one year of its Senate approval, mounting intense opposition from conservative religious and political organizations effectively brought ratification to a standstill. The main objections to the ERA were based on fears that women would lose privileges and protections such as exemption from compulsory military service and combat duty and economic support from husbands for themselves and their children.

Advocates of the ERA, led primarily by the National Organization for Women (NOW), maintained, however, that the issue was mainly economic. NOW’s position was that many sex-discriminatory state and federal laws perpetuated a state of economic dependence among a large number of women and that laws determining child support and job opportunities should be designed for the individual rather than for one sex. Many advocates of the ERA believed that the failure to adopt the measure as an amendment would cause women to lose many gains and would give a negative mandate to courts and legislators regarding feminist issues.