Equal Rights Amendment

Equal Rights Amendment is a proposed amendment to the United States Constitution. It states that men and women must be treated equally by law. The amendment reads: “Equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex.”

The amendment, often called the ERA, was first introduced in Congress in 1923 through the efforts of the National Woman’s Party. This party, led by Alice Paul, worked for equality for women. In 1972, after years of nationwide controversy involving state labor laws, Congress passed the ERA. But to become law, a constitutional amendment must also be ratified (approved) by the legislatures of three-fourths of the states.

Congress required that the ERA, like most amendments passed by Congress since the early 1900’s, be ratified within seven years. Supporters of the amendment had until March 22, 1979, to obtain ratification by 38 states. But in 1978, Congress voted to extend that deadline until June 30, 1982. By the 1982 deadline, only 35 of the necessary 38 states had ratified the amendment. Since 1983, the ERA has been reintroduced in Congress a number of times, but it has not been passed.

Critics of the amendment argue that the Constitution already guarantees equal rights to women. They claim the ERA would undermine, or weaken, the institution of marriage, require women to register for the military draft, and outlaw protective labor legislation. Supporters of the ERA, including the National Organization for Women (NOW), argue that the amendment would not affect personal relationships within marriage. Supporters also argue that, despite the guarantees of the Constitution, women do not always receive equal treatment in education and in the workplace. Passage of the ERA would make unconstitutional all state and local laws that discriminate by sex.

See also National Organization for Women (NOW); Paul, Alice; Schlafly, Phyllis S.; Sex discrimination; Women’s movement (Legal gains).