ERA: History and Importance

ERA: History and Importance

Equal Pay Poster 1915
Type: 
News

A little Herstory

The ERA, written by suffragist Alice Paul, was originally proposed in 1923 and was introduced into every legislative session of the US Congress for the next 50 years. It wasn't until 1972 that Congress overwhelmingly approved it (over 90% in both Houses) and sent it to the states for ratification. The affirmative vote of 38 state legislatures is required to make an amendment into law. 
 
Within the first two years, 33 state legislatures ratified, and a few years later, two more states signed on. But by then a strong and well-organized opposition had taken hold. Even though the seven-year deadline was extended to ten (on June 30, 1982), the ERA fell three states short when the extension expired. 
 

So why now? 

On March 22, 2017 (45 years to the day) the Nevada state legislature became the 36th state to ratify the ERA, breathing new life into the movement. In May of 2018, Illinois became the 37th and in January 2020, Virginia became the 38th state and the final state needed to ratify the ERA.
 

Doesn't the Constitution already guarantee equal rights? 

No, even though 90% of American adults believe it does. In the words of Supreme Court Justice Antonin Scalia: 
 

"Certainly the Constitution does not require discrimination on the basis of sex. The only question is whether it prohibits it. It doesn't."  ~Supreme Court Justice Antonin Scalia (1/4/2011 CA Lawyer)

 
The Constitution was written over 230 years ago, created as our country's founding document from which all laws would originate (the Rule of Law). But the Constitution was written by men, for men. At that time, 1787, women were not considered "citizens" and had no rights except those given to them by their fathers or husbands. When "originalists" interpret the Constitution, women and sex simply don't exist. 
 
Many argue that we have laws in place to protect women from discrimination. That is true, but the laws are limited and often pertain to certain types of employment or education. They are not comprehensive and differ from state to state. These laws are also subject to the interpretation and revocation by whichever legislative body, court or administration is currently in power. One bad election could wipe them all away. 
 
The only remedy to define the legal status of women is to amend the Constitution to protect it. The ERA would provide a solid foundation for that protection by applying a single legal standard to cases of sex discrimination. All courts, regardless of state, would be obliged to use that single standard in making their rulings. 
 
League to which this content belongs: 
Hilton Head Island-Bluffton Area