The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that seeks to ensure legal protections for all individuals regardless of gender. Written by Alice Paul and first introduced in the 1920s, the ERA has been the subject of debate among feminists, legal scholars, and policy makers for decades. This article provides an overview of the ERA, examines its legal and social implications, and discusses the current status of its ratification.
The ERA was introduced in Congress in 1923 and states, “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” The amendment was designed to ensure that the rights and responsibilities of men and women would be equal under the law. It was proposed in response to a number of court cases in which the rights of women were denied or abridged based on their gender.
Supporters of the ERA argue that it would ensure legal protections for all individuals regardless of gender. It would also provide a legal basis for challenging laws that discriminate against women, such as those that prevent women from serving on juries or that limit their access to certain types of employment. Furthermore, the ERA could have a positive impact on social norms and expectations regarding gender roles and expectations.
Opponents of the ERA argue that it is unnecessary, as the Constitution already guarantees the equal protection of all individuals. They also argue that the ERA would lead to an increase in litigation and could potentially lead to unintended consequences. For example, they argue that the ERA could be used to challenge laws that protect women from certain types of discrimination, such as laws that prohibit employers from discriminating against pregnant women.
Despite its long history, the ERA has yet to be ratified by the necessary number of states. Currently, 37 states have ratified the ERA, leaving three more states needed for ratification. Supporters of the ERA are hopeful that the amendment will be ratified in the near future, as public opinion in favor of the ERA is at an all-time high.
In conclusion, the Equal Rights Amendment would provide a legal basis to challenge laws that discriminate against women and could have a positive impact on social norms and expectations. Despite its long history, the ERA has yet to be ratified by the necessary number of states, but supporters remain hopeful that the amendment will be ratified in the near future.
References
Bennett, L. (Ed.). (2018). Encyclopedia of Women’s History in America. Santa Barbara, CA: ABC-CLIO.
Crawford, B. (2020). The Equal Rights Amendment. The New York Times. Retrieved from https://www.nytimes.com/2020/05/15/us/equal-rights-amendment-explainer.html
Final Push for Equal Rights Amendment. (2017). PBS. Retrieved from https://www.pbs.org/newshour/nation/final-push-for-equal-rights-amendment
Kotterman, J. (2020). Equal Rights Amendment. Britannica. Retrieved from https://www.britannica.com/topic/Equal-Rights-Amendment
Rosenberg, R. (2020). What Is the Equal Rights Amendment? The Balance. Retrieved from https://www.thebalance.com/equal-rights-amendment-definition-pros-cons-timeline-3305785