In order to achieve freedom from legal sex discrimination, Alice Paul believed we needed an Equal Rights Amendment that affirmed the equal application of the Constitution to all citizens.
In , in Seneca Falls for the celebration of the 75th anniversary of the Woman's Rights Convention, Alice Paul first introduced the first version of the Equal Rights Amendment, which was called the "Lucretia Mott Amendment" at the time. It stated: "Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction." The amendment was introduced in Congress the same year.
Although the National Woman's Party and professional women such as Amelia Earhart supported the amendment, reformers who had worked for protective labor laws that treated women differently from men were afraid that the ERA would wipe out the progress they had made.
In the early s, both the Republican and Democratic parties added support of the Equal Rights Amendment to their political platforms.
Twenty years after she first introduced it, Alice Paul rewrote the ERA in It was given a new title — the "Alice Paul Amendment — to better reflect the language in both th
1. Why is an Equal Rights Amendment to the U.S. Constitution necessary?
The Equal Rights Amendment is necessary because when the Constitution was originally written, women had far fewer civil and legal rights than privileged categories of men did, and the legal identity of a married woman was subsumed into the legal identity of her husband. The Constitution has never been amended or interpreted to guarantee that the rights of women as a class and the rights of men as a class are equal.
When the U.S. Constitution was adopted in , the rights it affirmed were guaranteed equally only for certain white males. Over two centuries later, after a bloody civil war and difficult political struggles, those rights have been extended far more broadly through constitutional amendments, laws, and court decisions. However, those rights are not yet guaranteed to apply equally without regard to sex.
The Equal Rights Amendment would provide a fundamental constitutional remedy against sex discrimination by guaranteeing that legal rights may not be denied or abridged on account of sex. For the first time, sex would be considered a suspect classification under the 14th Amendment jurispr
Equal Rights
The Equal Rights Amendment (ERA), first proposed in , is an amendment to the United States Constitution that guarantees equality of rights under the law for all persons regardless of sex.
As of January 27, , the ERA has satisfied the requirements of Article V of the Constitution for ratification (passage by two-thirds of each house of Congress and approval by three-fourths of the states).
Leading constitutional scholars agree that the ERA is now part of the Constitution. Because of issues raised about its unique ratification process (explained on the Frequently Asked Questions page), the Archivist of the United States has not yet taken the final ministerial step of publishing the ERA in the Federal Register with certification of its ratification as the 28thAmendment.
“Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.”
GUIDES & DOCUMENTS
Why did the Equal Rights Amendment fail?
How was the Equal Rights Amendment defeated?
The opposition campaign was remarkably successful. Support for the ERA eroded, particularly among Republicans. Though the GOP was the first party to endorse the ERA back in , GOP lawmakers cooled to the amendment, leading to a stalemate in the states. By , only 35 states had ratified the ERA.
Why did the ERA fail in ?
(R-KS), who introduced it in their respective houses in December , the opinion of the public and members of Congress were split and it lacked enough support to pass. (Notably, at the time, there was only one woman serving in all of Congress: California Rep. Mae Ella Nolan).
Do we still need the Equal Rights Amendment?
After more than a generation of significant advances for women, do we still need the Equal Rights Amendment? Yes, we absolutely do. Legal sex discrimination is not yet a thing of the past, and the progress of the past 60 years is not irreversible.
What does the 14th Amendment say about gender?
The 14th Amendment provides, in part, that no state can "deny to any person within its jurisdiction the equal protection of the
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