The Equal Rights Amendment (ERA) has been a cornerstone of the struggle for gender equality in the United States for over a century. First proposed in the early 1920s, the amendment sought to guarantee equal legal rights for all American citizens regardless of sex. Despite overwhelming public support and the growing influence of the women’s rights movement, the push for ERA ratification has faced numerous legal, political, and cultural obstacles. The campaign to secure its place in the U.S. Constitution has evolved into a complex and symbolic fight, reflecting broader debates about gender justice, constitutional law, and the power of grassroots activism.
Origins of the Equal Rights Amendment
Drafting and Early Advocacy
The Equal Rights Amendment was originally drafted in 1923 by Alice Paul and Crystal Eastman, key figures in the women’s suffrage movement. Paul, who helped lead the fight for the 19th Amendment, believed that full gender equality required more than voting rights. The original ERA stated simply: Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction.
Initial Opposition
Despite the noble intention, early opposition to the ERA came from labor unions, social reformers, and some women’s groups. They feared that blanket equality would eliminate protective labor laws for women, such as restrictions on working hours. This debate stalled the amendment’s progress for decades.
Renewed Momentum in the 1970s
Feminist Revival and Legislative Support
The second wave of feminism in the 1960s and 70s brought new energy to the ERA. Influential figures like Gloria Steinem and organizations such as the National Organization for Women (NOW) pushed the amendment back into the national spotlight. In 1972, the U.S. Congress passed the ERA with bipartisan support, and it was sent to the states for ratification with a seven-year deadline.
Initial Ratification Success
By 1977, thirty-five of the necessary thirty-eight states had ratified the amendment. The campaign seemed poised for success. However, a strong conservative backlash soon emerged, led by figures like Phyllis Schlafly, who argued that the ERA would destroy traditional family roles, promote same-sex marriage, and eliminate gender-specific privileges.
Ratification Deadline and Extension
In 1979, with the original deadline approaching and only three states short, Congress approved a controversial extension to 1982. Despite intense lobbying and national debate, no additional states ratified the ERA during this extension period, and the amendment was considered to have failed by the deadline.
The Legal Debate and Renewed Advocacy
ERA’s Legal Limbo
Though widely assumed to be dead after 1982, interest in the ERA never fully disappeared. Supporters argued that the original ratifications should still count and that Congress could either remove the deadline or extend it again. This legal gray area led to renewed efforts in the 21st century, including state-level initiatives and lawsuits.
Recent State Ratifications
In a surprising resurgence, Nevada ratified the ERA in 2017, followed by Illinois in 2018 and Virginia in 2020 bringing the total number of ratifying states to the required 38. These developments reignited national debate and prompted new legal challenges over whether the ratification was still valid given the expired deadline.
Key Legal and Constitutional Questions
Can the Deadline Be Removed?
ERA supporters have pushed for congressional action to remove the original deadline. The House of Representatives passed a resolution to eliminate the deadline, but as of yet, the Senate has not acted. Whether Congress has the power to retroactively remove a ratification deadline remains a subject of constitutional uncertainty.
Are Late Ratifications Valid?
Opponents argue that state ratifications after 1982 are invalid. Meanwhile, some states that had previously ratified the ERA later voted to rescind their approval. Whether such rescissions are legally binding is unclear, as the Constitution does not explicitly allow for or prohibit this action.
Judicial Involvement
The debate has led to multiple lawsuits involving the Department of Justice and state attorneys general. Courts have so far avoided definitive rulings, citing political questions or jurisdictional issues. The U.S. Supreme Court has not yet taken up the matter, leaving the ERA in constitutional limbo.
Public Support and Political Impact
Widespread Popular Support
Public opinion polls consistently show that a majority of Americans support the Equal Rights Amendment. Advocates argue that the Constitution should clearly guarantee gender equality, especially given the persistent disparities in pay, representation, and legal protections between men and women.
Partisan Divides
Despite public support, the ERA has become increasingly politicized. Democrats largely back the amendment, while many Republicans oppose it, citing concerns about unintended consequences. This division has made it difficult to secure the necessary political momentum at the federal level.
Role of Activism
- Grassroots campaignshave played a vital role in keeping the ERA alive. Organizations like Equal Means Equal and ERA Coalition have mobilized support across generations.
- Youth engagementhas also grown, with students and young voters taking an active interest in gender rights and constitutional reform.
- Intersectional feminismhas broadened the conversation to include the unique challenges faced by women of color, LGBTQ+ individuals, and disabled women.
Symbolism and the Future of the ERA
Beyond Legal Text
For many supporters, the ERA is not just about legal language it is a statement of national values. Its ratification would mark a commitment to equal rights and human dignity, even if some gender protections already exist through other laws like Title IX or the Equal Pay Act.
Potential Outcomes
- If ratified, the ERA could strengthen legal challenges to gender discrimination, including in cases of pay inequality, workplace rights, and reproductive health access.
- If ultimately rejected, the campaign could still influence future constitutional reforms and energize movements for equality in other forms.
Continuing the Conversation
The ongoing battle for ERA ratification serves as a reminder that constitutional change in the United States is both challenging and deeply tied to cultural and political dynamics. Whether or not the ERA becomes the 28th Amendment, the issues it raises remain relevant in today’s legal and societal debates.
The Equal Rights Amendment ratification push embodies a century-long struggle for gender equality in America. From its drafting in the 1920s to the unexpected ratifications of the 2010s, the ERA has evolved into a symbol of hope and justice. Although its future remains uncertain due to legal technicalities and political divisions, the movement surrounding it continues to inspire activism and debate. As the nation wrestles with questions of fairness, representation, and constitutional rights, the ERA remains at the heart of the conversation reminding us that the pursuit of equality is a continuous, and necessary, endeavor.