Definition
The Equal Rights Amendment (ERA) was first proposed in 1923 by the National Woman’s Party and reintroduced to Congress in every session from its introduction. The primary intention of the ERA was to ensure that legal rights could not be abridged based on sex, seeking to eliminate discrimination and establish equal treatment under the law for both men and women.
While it achieved significant milestones, such as passing both houses of Congress in 1972, the ERA failed to be ratified by the required number of state legislatures before the extended deadline, and thus it was not adopted into the U.S. Constitution. Nevertheless, its principles have persistently influenced U.S. legislative and judicial actions.
Historical Attempts for Ratification:
- 1972: Passed by the U.S. Congress and sent to the states for ratification.
- 1977: Achieved 35 of the necessary 38 state ratifications.
- 2020: Virginia’s ratification claimed a symbolic threshold of 38 states, though legal and procedural debates continue about this and the deadline imposed by Congress.
Examples
- State Laws and Policies: Many states have incorporated the principles of the ERA into their constitutions and policies, ensuring gender equality in various sectors such as employment, education, and family law.
- Court Rulings: Several U.S. Supreme Court and lower court decisions, such as Reed v. Reed (1971), have applied principles akin to those advocated by the ERA, disallowing sex-based discrimination.
Frequently Asked Questions (FAQs)
What was the main purpose of the ERA?
Answer: The main purpose of the ERA was to eliminate sex as a basis for any legal decisions or distinctions, ensuring equal rights for all individuals regardless of gender.
How many states needed to ratify the ERA?
Answer: The ERA required ratification by three-quarters (38) of the 50 state legislatures to become a constitutional amendment.
Did the ERA become a part of the U.S. Constitution?
Answer: No, the ERA did not become part of the U.S. Constitution as it did not secure the required 38 state ratifications before the Congressional deadline.
Why is the ERA still relevant today?
Answer: The principles of the ERA continue to influence numerous state laws, policies, and judicial decisions, striving for gender equality across various aspects of society.
What are some notable legal influences of the ERA?
Answer: The ERA has influenced important legal decisions, including those by the U.S. Supreme Court, which have used the amendment’s principles to rule against sex-based discrimination.
Related Terms
Gender Equality
The state of equal access to resources and opportunities regardless of gender, including economic participation and decision-making.
Title IX
A federal civil rights law passed in 1972 that prohibits sex-based discrimination in any school or other education program that receives federal funding.
Reed v. Reed
A landmark U.S. Supreme Court case in 1971 that ruled that administrators of estates cannot be named in a way that discriminates between sexes.
Civil Rights Act of 1964
A landmark civil rights and labor law that outlaws discrimination based on race, color, religion, sex, or national origin.
Online References
- ERA Coalition
- National Archives - Equal Rights Amendment
- American Civil Liberties Union (ACLU) - Women’s Rights
Suggested Books for Further Reading
- “The Equal Rights Amendment: Myths and Realities - A Guide for the Public” by Roberta W. Francis
- “Equal Means Equal: Why the Time for an Equal Rights Amendment Is Now” by Jessica Neuwirth
- “Why We Lost the ERA” by Jane J. Mansbridge
Fundamentals of Equal Rights Amendment: Law and Gender Studies Basics Quiz
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