The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution aimed at guaranteeing equal legal rights for all American citizens regardless of sex. The amendment's purpose is to eliminate legal distinctions between men and women in matters of divorce, property, employment, and other areas, reinforcing the commitment to gender equality in the U.S. legal system.
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The ERA was first proposed by Alice Paul in 1923 and passed by Congress in 1972 but has not been ratified by enough states to become law.
The amendment 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.'
Although the ERA gained significant support in the early 1970s, opposition grew, led by figures such as Phyllis Schlafly, who argued that it would dismantle traditional gender roles.
The deadline for state ratification was initially set for seven years after its passage but was extended by Congress to ten years; however, not enough states ratified it within this timeframe.
As of 2021, advocates are still pushing for the ERA’s ratification, arguing that it is essential for guaranteeing women's rights and ensuring constitutional equality.
Review Questions
How did the Equal Rights Amendment seek to address issues of gender discrimination in American society?
The Equal Rights Amendment aimed to eliminate legal distinctions between men and women by ensuring equal rights under the law. It sought to address various issues of gender discrimination in areas such as employment, property rights, and divorce. By proposing a constitutional guarantee of equality, the ERA would strengthen the legal framework for fighting discrimination against women and promote broader social changes toward gender equality.
What were some key arguments made both in favor of and against the Equal Rights Amendment during its initial proposal and subsequent debates?
Supporters of the Equal Rights Amendment argued that it was necessary for ensuring true gender equality under the law and protecting women's rights across all areas of life. They believed it would eliminate discriminatory laws and practices. Conversely, opponents claimed that it would disrupt traditional family structures, undermine laws designed to protect women, and lead to unintended consequences like women being drafted into military service. This polarized debate highlighted deep societal divides regarding gender roles.
Evaluate the long-term implications of the failure to ratify the Equal Rights Amendment on contemporary discussions about gender equality in the United States.
The failure to ratify the Equal Rights Amendment has significant long-term implications for contemporary discussions about gender equality. Without a constitutional guarantee specifically addressing sex discrimination, many believe that women’s rights remain vulnerable to changes in political climates and judicial interpretations. The ongoing efforts to revive support for the ERA demonstrate a persistent demand for clearer protections against gender discrimination. The lack of formal recognition in the Constitution may hinder progress on broader issues like pay equity, reproductive rights, and workplace protections for women.
A federal law that prohibits discrimination on the basis of sex in any educational program or activity receiving federal financial assistance.
Women’s Suffrage Movement: A social movement advocating for women's right to vote, which played a critical role in advancing women's rights and ultimately led to the passage of the 19th Amendment.
A landmark piece of federal legislation that outlawed discrimination based on race, color, religion, sex, or national origin in various areas, including employment and education.