The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution designed to ensure that equality of rights under the law is not denied or abridged by the U.S. or by any state on account of sex. Despite its failure to secure sufficient state ratification, the ERA has had a significant impact on the legal landscape in the United States, influencing both legislation and judicial decisions.
Historical Context of the ERA
Early Advocacy and Drafting
The genesis of the ERA dates back to 1923 when it was first drafted by Alice Paul, a prominent suffragist leader. The amendment was introduced in Congress in the same year but faced substantial opposition and inertia.
Legislative Journey
In 1972, the ERA gained traction when both houses of Congress passed it with the requisite two-thirds majority. The critical text of the proposed amendment is as follows:
1Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
2Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
3Section 3. This amendment shall take effect two years after the date of ratification.
Ratification Struggles
Following its Congressional approval, the amendment required ratification by three-fourths (38 out of 50) of the state legislatures. Although it initially saw strong support, the momentum stalled, and by the extended deadline of June 30, 1982, only 35 states had ratified the amendment.
Legal and Social Impact
Jurisprudence and Statutes
Although the ERA did not become part of the Constitution, its principles have been absorbed into various state laws and federal statutes. Supreme Court decisions, particularly those involving gender discrimination, have often echoed the Amendment’s ethos. Notable cases like Reed v. Reed (1971) have set significant precedents for gender equality.
State-Level Equivalents
Many states have adopted their own versions of the ERA within their state constitutions. For instance, the constitutions of states like California and New York include provisions that prohibit sex-based discrimination.
Importance and Controversies
Significance
The ERA represents a critical milestone in the fight for gender equality, symbolizing the broader movement towards eliminating sex-based disparities. It advocates for an unequivocal and legally enshrined commitment to gender equality.
Controversial Aspects
The amendment has been the subject of considerable debate. Proponents argue that it is a necessary measure to ensure comprehensive and enforceable gender equality. Opponents have raised concerns over its potential impact on existing laws and societal norms, including issues related to gender-specific protections and distinctions.
Comparisons and Related Terms
Equal Protection Clause
The Fourteenth Amendment’s Equal Protection Clause has been a pivotal element in gender discrimination cases. While not identical in language, its application has often complemented ERA’s intentions.
Affirmative Action
Affirmative action policies aim to address inequities and discrimination, but differ in their approach and scope compared to the ERA’s directives.
FAQs
What is the current status of the ERA?
Has the ERA been completely abandoned?
How does the ERA differ from existing gender equality laws?
Summary
The Equal Rights Amendment remains a seminal proposal in the annals of U.S. legal history, symbolizing the ongoing quest for gender equality. Although not ratified, its core principles continue to influence modern statutes and judicial interpretations, underscoring the enduring relevance of the fight against sex-based discrimination.
In crafting a comprehensive definition and discussion of the Equal Rights Amendment, recognizing its historical context, legal influences, and ongoing significance is crucial. Despite its status as a proposed amendment, the ERA’s impact on U.S. law and gender equality is profound and far-reaching.
