The ERA: It's Taking More Than An Era, Why?

The proposed Equal Rights Amendment is really quite simple. It has three sentences--the first is the statement that requires equal rights, the second assures that Congress will enforce it, and the third is simply a deadline for when it would take effect:


Section 1. Equality of Rights under the law shall not be denied
or abridged by the United States or any state on account of sex.
Section 2. The Congress shall have the power to enforce, by appropriate
legislation, the provisions of this article.
Section 3. This amendment shall take effect two years after the
date of ratification.


The ERA was first proposed in 1923 by the National Women's Party.

You read that right: We are on Year 96 of trying to get the ERA passed.

Women won the right to vote in 1920, but that did not guarantee any further rights.


It took until 1972 for the ERA to be close to passing. 38 states were supposed to ratify the amendment by 1982. In 2017 Nevada ratified it, in 2018 Illinois ratified it, and in January 2019 Virginia came close but failed to ratify. But even today, there are 11 states that haven't ratified it. They are: Alabama, Arizona, North Carolina, South Carolina, Florida, Oklahoma, Georgia, Louisiana, Utah, Mississippi, and Missouri. Has your state ratified the ERA? Check here: https://www.equalrightsamendment.org/era-ratification-map/ Some states have attempted to rescind (take back) their ratifications, but it appears that is not an option.

                               Women demonstrating for equal rights, picture taken c. late 1960s


Amending the Constitution is a two-step process. First, the Congress must propose the amendment by a two-thirds majority in both the House and Senate. After proposal, it must be ratified by three-fourths of the state legislatures. Organizations like the National Organization of Women (NOW) began a hard push for the ERA in 1970. And, at the same time, there was enough pushback from some women (yes, from women) to stop it from going through the ratification system.




Why would women deny themselves equal rights? Good question. In the 1970s, while there were strong women and men who advocated for the ERA, some women at that time raised concerns that women would be drafted into military service (in the 1970s, there was a draft, or a required time in our armed services), that there would be no more male or female only public toilets, that it would undermine women who chose not to work for pay, that it would would weaken families, that women would be required to do traditionally male dominated careers, or be forced to undergo unwanted abortions, and none of this was true. If you read the wording of the amendment, all it does is require that women and men have equal rights.


Today, there are still women who campaign against the ERA. But these women are often wealthy, privileged, and comfortable, have always been and will always be. They may or may not have well-paying jobs or have husbands or parents who support them financially, and think they don't need any amendment that assures them of their rights. They can't identify with women who have faced discrimination, harassment, or violence, because they can't imagine themselves in a similar situation. Here is an example of someone fighting the ERA:  https://www.washingtonpost.com/local/this-woman-just-derailed-the-equal-rights-amendment-yet-again/2019/01/31/9e32ec22-2551-11e9-90cd-dedb0c92dc17_story.html?utm_term=.9bbec9abf851


How long will it take to pass the ERA? It's hard to believe we've been waiting so long. Maybe this is the year. Let's hope so.