The Equal Rights Amendment (ERA) is a proposed amendment to the U.S. Constitution that aims to guarantee equal legal rights for all citizens regardless of sex. First introduced in 1923 by Alice Paul and Crystal Eastman, it seeks to eliminate legal distinctions between men and women in areas like divorce, property, and employment. While initial opposition focused on the removal of perceived protections for women, contemporary arguments against the ERA claim it is unnecessary and raise concerns about its potential impact on abortion and transgender rights.
On September 25, 1921, the National Woman's Party publicly announced its intention to campaign for an Equal Rights Amendment to the U.S. Constitution.
Senator Charles Curtis introduced the ERA in Congress for the first time in October 1921.
In December 1923, the Equal Rights Amendment (ERA), authored by Alice Paul and Crystal Eastman, was first introduced in Congress. The amendment aimed to guarantee equal legal rights for all American citizens regardless of sex.
Alice Paul revised the proposed ERA text in 1923 at Seneca Falls, New York.
Opposition to the ERA, led by Mary Anderson and the Women's Bureau, began to solidify in 1923. Their concerns focused on the potential loss of protective legislation for women in the workplace.
The ERA was reintroduced in Congress in 1923 following its initial introduction.
In 1924, a public debate highlighted the differing views among feminists regarding the meaning of equality and the potential impact of the ERA.
In 1939, the Supreme Court's decision in Coleman v. Miller affirmed Congress's authority to determine the validity of a proposed constitutional amendment, considering its timeliness and state ratifications/withdrawals.
In 1940, the Republican Party began including support for the ERA in its platform.
Alice Paul again revised the ERA text in 1943 to reflect the language used in the Fifteenth and Nineteenth Amendments. This version later became Section 1 of the amendment passed by Congress in 1972.
In 1944, the Democratic Party included the ERA in its platform, a divisive move at the time.
The ERA was defeated in the Senate in 1946, failing to achieve the required two-thirds supermajority.
Starting in 1948, the ERA's progress was hindered by House Judiciary Committee chairman Emanuel Celler, who refused to consider it.
In 1950, the Senate passed the ERA with the Hayden rider, a provision intended to preserve existing legal protections for women.
In 1953, the Senate again passed the ERA with the Hayden rider, which aimed to appease opponents but ultimately hindered its passage in the House.
In 1958, President Eisenhower became the first president to actively support the ERA, urging Congress to pass the amendment. However, the National Woman's Party opposed the inclusion of the Hayden rider.
On October 21, 1960, John F. Kennedy announced his support for the ERA in a letter to the National Woman's Party, but his administration ultimately didn't back the amendment due to his ties with labor unions that opposed it.
In 1963, President Kennedy's Commission on the Status of Women investigated sex discrimination. Though not endorsing the ERA, the commission's findings led to the Equal Pay Act, prohibiting sex-based wage discrimination in several professions.
In 1964, the Civil Rights Act was passed, including a ban on workplace discrimination based on sex, thanks to lobbying efforts by figures like Alice Paul and Coretta Scott King.
In June 1966, NOW was founded to advocate for women's equality.
In 1967, NOW endorsed the ERA, leading to some members leaving but ultimately boosting the organization's membership and influence.
In 1969, Representative Shirley Chisholm delivered her impactful "Equal Rights for Women" speech in the U.S. House of Representatives.
In February 1970, the National Organization for Women (NOW) picketed the U.S. Senate, disrupting hearings on lowering the voting age to demand a hearing on the Equal Rights Amendment. They secured a meeting with senators to discuss the ERA.
On August 10, 1970, Representative Martha Griffiths successfully brought the Equal Rights Amendment to the House floor after 15 years of inaction. The House passed it and sent it to the Senate which passed a version with a military exemption for women. The congressional session ended before further progress could be made.
In 1970, following protests and advocacy efforts, including the Women's Strike for Equality, congressional hearings on the Equal Rights Amendment began.
Until 1970, the ERA continued to face roadblocks from Emanuel Celler, chairman of the House Judiciary Committee.
On October 12, 1971, after being reintroduced by Representative Martha Griffiths, the ERA was approved by the U.S. House of Representatives.
The U.S. Senate approved the ERA on March 22, 1972, officially submitting it to the state legislatures for ratification.
In 1972, the Supreme Court extended equal protection to sex-based discrimination, although not to the full extent desired by ERA proponents. It ruled that statutory or administrative sex classifications were subject to an intermediate standard of judicial review, less stringent than that applied to other forms of discrimination.
The text of the ERA used in 1983 was the same as the one used in 1972.
The ERA was introduced in every congressional session between 1921 and 1972.
The ERA was initially passed by the U.S. Congress in 1972, marking the start of the state ratification process.
In 1972, the movement to ratify the Equal Rights Amendment began, gaining significant momentum with support from numerous advocacy groups. This initial push set the stage for future efforts to secure the amendment's ratification.
The ERA was initially passed by the U.S. Congress in 1972, beginning the process of ratification by individual states.
In 1972, the Equal Rights Amendment was introduced, initiating a ratification process that would extend over decades. Proponents argued that Congress could remove the ratification deadline, and efforts were eventually made to pursue further state ratifications despite the deadline's expiration.
Congress passed the ERA in 1972 using the text revised by Alice Paul in 1943.
By 1972, the Democratic Party finally united in support of the ERA.
In 1972, West Virginia ratified the Equal Rights Amendment.
During 1972, 22 state legislatures ratified the Equal Rights Amendment.
In 1972, Phyllis Schlafly launched her Stop ERA campaign at a time when public support for the Equal Rights Amendment was high, with thirty states having ratified it by 1973. Schlafly's campaign was pivotal in changing public perception, advocating traditional gender roles and significantly slowing the amendment's progress.
Between 1972 and 1982, supporters of the ERA engaged in various forms of activism, including rallies, petitions, picketing, hunger strikes, and civil disobedience, to push for its ratification.
By 1973, although thirty states had ratified the Equal Rights Amendment, momentum began to wane as public opinion shifted. The influence of Phyllis Schlafly's campaign played a role in this, as support in non-ratifying states dropped below 50%, leading state legislators in key battleground states to reject the ERA.
In 1973, South Dakota ratified the Equal Rights Amendment.
In 1973, South Dakota ratified the Equal Rights Amendment.
In early 1973, eight more states ratified the Equal Rights Amendment, adding to the growing momentum for the amendment's passage.
In 1973, various special interest groups, including the insurance industry and conservative organizations, were credited with contributing to the defeat of the Equal Rights Amendment. While Phyllis Schlafly was the public face of opposition, significant backing came from religious conservatives and other influential groups.
Between 1974 and 1977, the pace of ERA ratification slowed significantly with only five more states approving the amendment, causing concern among supporters.
By 1975, Phyllis Schlafly's effective organization against the Equal Rights Amendment had significantly hindered its ratification, despite prior momentum. This year marked a turning point where Schlafly's arguments, particularly concerning gender roles and the draft, resonated with many, stalling the amendment's progress.
In 1975, North Dakota ratified the Equal Rights Amendment.
In 1976, the struggle to ratify the Equal Rights Amendment continued, facing strong opposition led by Phyllis Schlafly. Her campaign had effectively mobilized opponents, preventing the ERA from achieving the necessary state ratifications during this period.
During the 65th Texas legislative session ending in June 1977, resolutions were introduced to recall the state's ERA ratification. A strong opposition campaign formed, and the resolution died in committee.
By 1977, the ERA had gained significant momentum, receiving 35 out of the necessary 38 state ratifications.
By 1977, with the approaching deadline of March 22, 1979, and five states attempting to rescind their ratifications, advocates worried about the ERA's prospects.
On July 9, 1978, a national march in support of the ERA was held in Washington, D.C., attracting over 100,000 participants.
In 1978, Congress passed and President Carter signed a joint resolution extending the ERA ratification deadline.
In 1978, the proposed extension of the ERA's ratification deadline sparked controversy and divided scholars on whether Congress had the authority to change a previously set deadline.
In 1978, as the 1979 deadline approached, Congress extended the ERA ratification deadline to June 30, 1982. This extension was later disputed.
On March 1, 1979, South Dakota passed a resolution to "sunset" their ERA ratification, stipulating it would expire on the original deadline of March 22, 1979, rejecting Congress's authority to extend the deadline.
South Dakota's resolution "sunsetting" their ERA ratification was published in the Congressional Record on March 13, 1979.
The initial ratification deadline for the ERA, set by Congress, was March 22, 1979.
Having ratified the ERA in 1973, South Dakota rescinded its ratification on March 31, 1979, due to the amendment's failure to meet the original deadline.
By the original deadline of March 22, 1979, 24 of the 35 legislatures that passed ERA ratification resolutions explicitly referenced the 1979 deadline in their resolutions, according to research.
In 1979, the original ratification deadline for the Equal Rights Amendment approached, prompting Congress to extend the deadline.
On June 18, 1980, the Illinois House of Representatives voted 102-71 in favor of the ERA. However, due to a three-fifths majority rule for constitutional amendments, the measure failed by five votes.
In 1980, the Republican Party stopped including support for the ERA in its platform after consistently including it since 1940.
In 1980, during the Republican National Convention, the party amended its platform to withdraw support for the Equal Rights Amendment (ERA). This decision marked a significant shift in political stance, fueled by the efforts of Phyllis Schlafly and her Stop ERA campaign, which advocated for traditional gender roles. Schlafly's influence in shaping public opinion was evident as support for the ERA decreased, especially in states yet to ratify it.
On December 23, 1981, a federal district court ruled in Idaho v. Freeman that the extension of the ERA ratification deadline was invalid, declaring the ERA expired on March 22, 1979.
The U.S. Supreme Court stayed the lower court's decision regarding the ERA's ratification deadline on January 25, 1982.
On June 6, 1982, marches were held in states that had not ratified the ERA to advocate for its passage.
On June 21, 1982, the Florida House of Representatives approved the ERA. However, this victory was short-lived.
Congress extended the ERA's ratification deadline to June 30, 1982. However, no additional states ratified the amendment by this date.
Following the failure of the ERA to meet the extended ratification deadline, a jazz funeral was held in New Orleans in July 1982 to mourn its defeat.
On October 4, 1982, the Supreme Court vacated the lower court's decision in Idaho v. Freeman, declaring the controversies surrounding the ERA moot since it had failed to achieve the required number of ratifications.
Since 1982, the Equal Rights Amendment has been reintroduced in every Congress session, reflecting sustained commitment to its ratification. Senator Ted Kennedy was a notable supporter, championing the amendment through numerous sessions.
The year 1982 marked the expiration of the original ratification deadline for the Equal Rights Amendment. Despite this, efforts to revive the amendment continued, inspired by the ratification of the Twenty-seventh Amendment, which had no deadline.
In 1983, the Equal Rights Amendment (ERA) went through House committees but failed to get a two-thirds vote needed to pass.
In 1992, the defeat of the Equal Rights Amendment influenced political dynamics, contributing to feminist dissatisfaction with the Republican Party. This shift in support, alongside minority backing, helped the Democrats secure Bill Clinton's presidential election victory.
In 1992, the ratification of the Twenty-seventh Amendment, after a lengthy process, inspired ERA proponents to believe in the possibility of extending the ERA's ratification deadline, despite its expiration in 1982.
The legacy of the ERA's defeat was evident in 1996, as it continued to affect political allegiances. The momentum gained by the Democrats, partly due to feminist support following the ERA's failure, contributed to Bill Clinton's re-election.
On June 21, 2009, the National Organization for Women announced its support for both ongoing efforts to secure additional state ratifications for the 1972 ERA and strategies for introducing a fresh-start ERA for state ratification.
On January 6, 2011, at the start of the 112th Congress, Senator Menendez and Representatives Maloney, Nadler, and Moore held a press conference to advocate for the ERA's adoption.
On March 8, 2011, the 100th anniversary of International Women's Day, Representative Tammy Baldwin introduced legislation to remove the deadline for ERA ratification.
On March 22, 2012, the 40th anniversary of the ERA's congressional approval, Senator Benjamin L. Cardin introduced a similar resolution in the Senate with slight wording differences.
Both resolutions regarding the ERA deadline died in subcommittee and committee in January 2013 when the 112th Congress ended.
The New Mexico House of Representatives adopted a memorial requesting the removal of the ERA ratification deadline on February 24, 2013.
On March 5, 2013, during the 113th Congress, which had a record number of women, Senator Menendez reintroduced the ERA as S.J. Res. 10.
On April 8, 2013, ERA Action gained traction with the three-state strategy, working with U.S. legislators to introduce bills to remove the ERA's ratification deadline. The Congressional Research Service confirmed the strategy's viability.
In August 2013, Congress continued to see support for the Equal Rights Amendment, with Carolyn Maloney sponsoring it in the House and Robert Menendez doing so in the Senate. This ongoing advocacy underscores the persistent effort to secure the amendment's ratification.
In 2013, the Library of Congress's Congressional Research Service issued a report stating that the issue of ratification deadlines for the Equal Rights Amendment is a political question, suggesting flexibility in the amendment's ratification process.
In 2013, Representative Carolyn B. Maloney introduced the "New ERA," which added a sentence about jurisdiction to the original text.
On January 6, 2014, the U.S. Senate officially received New Mexico's memorial regarding the ERA deadline.
In 2014, state senates in Virginia and Illinois voted to ratify the Equal Rights Amendment. Although blocked in both states' House chambers, the movement persisted, with the resolution introduced in ten state legislatures that year.
On March 22, 2017, the Nevada Legislature became the first state in 40 years to ratify the Equal Rights Amendment, signaling renewed momentum in the effort to secure the amendment's ratification.
In 2017, Nevada became the first state to ratify the ERA after the expiration of the deadlines.
In 2017, counsel to a Nevada legislative committee concluded that Congress would ultimately decide the ERA's validity if three more states ratified it.
In April 2018, the Illinois Senate voted 43-12 to ratify the Equal Rights Amendment, setting the stage for the House's subsequent vote in May. This action was part of a broader effort to revive the ERA.
On May 30, 2018, Illinois state lawmakers ratified the Equal Rights Amendment, with a 72-45 vote in the House following a 43-12 vote in the Senate in April 2018. This marked a significant step in the ongoing ratification effort.
Illinois followed Nevada in ratifying the ERA in 2018, despite the expired deadlines.
In 2018, efforts to ratify the Equal Rights Amendment in Virginia faced challenges, failing to reach the floor of either legislative house. This setback highlighted the ongoing struggle to secure the amendment's ratification.
Virginia Attorney General Mark Herring issued an opinion in 2018 suggesting that Congress could modify the ERA's ratification deadline.
On January 30, 2019, Representative Jackie Speier introduced legislation (H.J.Res. 38) in another attempt to remove the ERA's ratification deadline.
On April 30, 2019, the Subcommittee on the Constitution, Civil Rights, and Civil Liberties heard testimony regarding the ERA and its deadline extension.
Representative Jackie Speier re-introduced a bill (H.J.Res. 79) on November 8, 2019, to remove the ERA ratification deadline.
Alabama, Louisiana, and South Dakota filed a lawsuit on December 16, 2019, to prevent further ratification of the ERA.
In 2019, a Senate committee in Virginia voted to advance the Equal Rights Amendment to the floor. Although initially defeated in the House, changes in legislative control fueled hopes for future ratification efforts.
On January 6, 2020, the Department of Justice's Office of Legal Counsel issued an opinion stating that the ERA's ratification deadline had expired, rendering the resolution no longer pending before the states.
On January 7, 2020, a lawsuit was filed against the Archivist of the United States to compel him to count the three most recent state ratifications of the ERA and certify it as part of the Constitution.
On January 15, 2020, the Virginia Senate voted 26-14 to approve the Equal Rights Amendment, paving the way for its passage in the House of Delegates. This move came after Democrats gained majority control of the legislature in 2019.
On January 30, 2020, the attorneys general of Virginia, Illinois, and Nevada filed a lawsuit to compel the Archivist of the United States to recognize the ERA's ratification.
The House of Representatives passed H.J. Res. 79 on February 13, 2020, with mostly partisan support and five Republicans joining.
On February 19, 2020, several states filed a motion to intervene in the lawsuit filed by the attorneys general.
On February 27, 2020, Alabama, Louisiana, and South Dakota voluntarily dismissed their lawsuit against the ERA, with the agreement that the Archivist of the United States would not certify its adoption.
The federal district court granted the dismissal of the lawsuit regarding the ERA on March 2, 2020, without prejudice.
On March 10, 2020, the plaintiff states filed a memorandum opposing the intervention of other states in the lawsuit.
On May 7, 2020, the Department of Justice filed a motion to dismiss the lawsuit, arguing that the states lacked standing.
On June 12, 2020, the District Court granted the motion by several states to intervene in the lawsuit regarding the ERA's ratification.
On August 6, 2020, the lawsuit against the Archivist was dismissed due to the plaintiffs' lack of standing to sue.
On August 21, 2020, the plaintiffs appealed the dismissal of their lawsuit to the United States Court of Appeals for the First Circuit.
On September 2, 2020, the plaintiffs requested the Supreme Court to intervene in their case, but the request was denied.
In 2020, the Southern Legal Council found that 168 countries had clauses in their constitutions declaring equal rights or non-discrimination based on sex.
In 2020, Virginia ratified the ERA, bringing the total number of claimed ratifications to 38, though the legality of this ratification was disputed due to the expired deadline.
On March 5, 2021, a federal judge ruled that the ratification period for the ERA had expired, rendering recent ratifications invalid.
On March 17, 2021, the House passed a resolution (H.J.Res. 17) to remove the deadline for ERA ratification.
On March 19, 2021, North Dakota lawmakers passed a resolution to retroactively declare their 1975 ERA ratification valid only until the original 1979 deadline.
On April 20, 2021, North Dakota's resolution clarifying the timeframe of its ERA ratification was formally received by the U.S. Senate.
On May 3, 2021, the plaintiff states appealed the ruling on the ERA's ratification period to the D.C. Circuit Court of Appeals.
On June 29, 2021, the First Circuit affirmed the District Court's decision, upholding the dismissal of the lawsuit due to lack of standing.
On January 4, 2022, the request for an en banc rehearing was denied by the First Circuit.
On February 10, 2022, the West Virginia Senate passed a resolution clarifying that the state's 1972 ERA ratification was valid only until the original 1979 deadline. The resolution died in the House of Delegates.
In February 2022, Virginia withdrew from the lawsuit related to the ERA's ratification.
On September 28, 2022, oral arguments were held in the appeal regarding the ERA's ratification deadline.
On February 28, 2023, the court ruled against the plaintiffs, stating they failed to prove the ERA deadline invalid.
On June 23, 2023, a complaint was filed against the Selective Service System, arguing that the ERA's valid ratification made the system's requirements unconstitutional.
In 2023, the Minnesota legislature passed a resolution declaring the ERA fully ratified and requiring its enactment as the 28th Amendment. The resolution was sent to Congress and the President.
The Congressional Caucus for the Equal Rights Amendment was founded by House Democrats in 2023.