Equal Rights Amendment

The Equal Rights Amendment (ERA) is a proposed constitutional amendment guaranteeing equal legal rights regardless of sex; it passed Congress in 1972 but fell short of ratification by the states, making it AP Gov's classic example of a social movement goal blocked by the difficult amendment process.

Verified for the 2027 AP US Government examLast updated June 2026

What is the Equal Rights Amendment?

The Equal Rights Amendment (ERA) is a proposed amendment to the U.S. Constitution that would guarantee equal legal rights for all citizens regardless of sex. Its goal was to wipe out legal distinctions between men and women in areas like employment, property, and divorce by writing gender equality directly into the Constitution instead of leaving it to a patchwork of laws and court rulings.

Congress passed the ERA in 1972 with strong bipartisan support, but a proposed amendment also needs ratification by three-fourths of the states (38 of 50). The ERA fell short of that threshold before its deadline, partly because of organized opposition (most famously led by Phyllis Schlafly) that argued the amendment would erase legal protections for women. In AP Gov, the ERA matters less as a law (it never became one) and more as a case study in how the women's equality movement pushed government to respond, and why activists pivoted to legislation like Title IX when the constitutional route stalled.

Why the Equal Rights Amendment matters in AP Gov

The ERA lives in Unit 3 (Civil Liberties and Civil Rights), Topic 3.11, and supports learning objective AP Gov 3.11.A, which asks you to explain how the government has responded to social movements. The CED's essential knowledge says government can respond through court rulings and/or policies, and the ERA is the perfect contrast case. The women's movement tried the most permanent response possible (a constitutional amendment) and it failed, so equality advances came instead through statutes like Title IX of the Education Amendments Act of 1972 and the Civil Rights Act of 1964, plus Supreme Court interpretation of the Fourteenth Amendment's equal protection clause. If you can explain why the ERA failed while Title IX succeeded the same year, you understand the core logic of Topic 3.11.

How the Equal Rights Amendment connects across the course

Title IX (Unit 3)

Both came out of the same 1972 push by the women's movement, but Title IX is an ordinary federal statute, so it only needed a majority in Congress. It became the durable policy win while the ERA stalled in the states. Think of Title IX as the plan B that actually worked.

The Constitution and the Amendment Process (Unit 1)

The ERA is living proof of why Article V makes amendments so rare. Passing Congress is the easy part. Getting 38 state legislatures to agree is where the ERA died, which is exactly why so few amendments exist.

Civil Rights Act of 1964 (Unit 3)

The Civil Rights Act already bans sex discrimination in employment, which let ERA opponents argue the amendment was unnecessary. It shows how earlier policy responses can undercut the case for a constitutional one.

Nineteenth Amendment (Unit 3)

The Nineteenth Amendment (1920) is the women's movement's successful constitutional amendment, but it only covers voting. The ERA was the attempted sequel covering all legal rights, and comparing the two shows how much harder broad equality guarantees are to ratify than a single specific right.

Is the Equal Rights Amendment on the AP Gov exam?

The ERA shows up in multiple-choice questions about government responses to social movements, usually in one of two ways. First, questions ask why the ERA failed despite passing Congress in 1972, which tests whether you understand the state ratification requirement and organized opposition. Second, the ERA appears as a contrast in Title IX questions, where the testable idea is that the women's movement got results through legislation and court rulings rather than a new amendment. No released FRQ has used the term verbatim, but it works well as evidence in an Argument Essay about civil rights, federalism, or why the formal amendment process protects the status quo. The move you need to make is connecting the ERA's failure to the success of statutory responses like Title IX under learning objective AP Gov 3.11.A.

The Equal Rights Amendment vs Title IX

Both date to 1972 and both target sex discrimination, so they blur together. The difference is the mechanism. Title IX is a federal statute that bans sex discrimination in education programs receiving federal money, and it is enforceable law today. The ERA is a proposed constitutional amendment covering all legal rights regardless of sex, and it was never ratified. On the exam, Title IX is the example of a successful government response; the ERA is the example of a movement goal blocked by the amendment process.

Key things to remember about the Equal Rights Amendment

  • The Equal Rights Amendment is a proposed constitutional amendment guaranteeing equal legal rights regardless of sex, and it has never been ratified.

  • Congress passed the ERA in 1972, but it fell short of ratification by 38 states, showing how hard the Article V amendment process makes constitutional change.

  • Organized opposition, including Phyllis Schlafly's campaign, convinced enough state legislatures that the ERA would harm rather than help women.

  • Because the ERA failed, the government's responses to the women's equality movement came through statutes like Title IX and the Civil Rights Act of 1964 and through Fourteenth Amendment equal protection rulings.

  • For learning objective AP Gov 3.11.A, the ERA is your go-to example of a social movement pursuing a constitutional response and getting a legislative one instead.

Frequently asked questions about the Equal Rights Amendment

What is the Equal Rights Amendment in AP Gov?

The ERA is a proposed constitutional amendment that would guarantee equal legal rights for all citizens regardless of sex. In AP Gov it appears in Topic 3.11 as an example of how the women's equality movement tried to get a constitutional government response.

Did the Equal Rights Amendment ever pass?

No, not fully. It passed both houses of Congress in 1972, but a constitutional amendment also needs ratification by 38 states, and the ERA fell short of that number before its deadline, so it never became part of the Constitution.

Why did the Equal Rights Amendment fail?

It failed at the state ratification stage. Organized opposition argued the ERA would eliminate legal protections for women, and not enough state legislatures ratified it by the deadline. The episode shows how the Article V process lets a minority of states block an amendment.

How is the ERA different from Title IX?

Title IX is a 1972 federal statute that bans sex discrimination only in education programs receiving federal funds, and it is law today. The ERA is a proposed constitutional amendment covering all legal rights regardless of sex, and it was never ratified.

Is the ERA the same as the Nineteenth Amendment?

No. The Nineteenth Amendment, ratified in 1920, guarantees women the right to vote and nothing more. The ERA would guarantee equal legal rights across the board, which is exactly why it faced much stiffer resistance and never got ratified.