The Equal Rights Amendment: A promise unfulfilled

The Equal Rights Amendment: A Promise Unfulfilled

The Equal Rights Amendment (ERA), a concise yet powerful declaration, asserts that "equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex." At just 24 words, this legislative proposal, championed by Alice Paul, encapsulates a foundational principle of gender equality. Paul, a pivotal leader in securing women's suffrage, first introduced the ERA to Congress in 1923. Yet, the amendment's journey to becoming law took nearly five decades, culminating in its ratification by three-quarters of the states in 1972. Despite this milestone, the ERA remained incomplete, with the final hurdle proving more elusive than anticipated.

The Long Road to Ratification

Passing the ERA required a two-step process: Congressional approval followed by state ratification. While the former was achieved in 1972, the latter faced fierce resistance. Conservative activist Phyllis Schlafly emerged as the amendment’s most vocal opponent, arguing that it would undermine traditional family roles. In 1983, she claimed, "Women do have ambition and work hard, but most women choose to apply those energies to building their family." Schlafly’s efforts, combined with political and social pushback, stalled the ratification process. A 1982 deadline was set, but by then, only 35 states had ratified the amendment—three short of the 38 needed for it to become constitutional law.

Though the ERA fell short, its impact persisted. Letty Cottin Pogrebin, a feminist writer and co-founder of Ms. Magazine, once remarked, "Why? Because it was based on justice and common sense and fairness." Pogrebin, who believed the nation would embrace equality by 1975, witnessed decades of progress in women’s rights. However, the amendment’s failure to pass raised questions about the depth of societal commitment to gender parity.

Generational Shifts and Changing Priorities

Decades later, the perspectives of a new generation reveal evolving attitudes toward the ERA. Robin Pogrebin, a journalist and daughter of Letty Cottin Pogrebin, reflects on the contrast between her mother’s era and her own. "My generation had the luxury of my mother’s generation breaking down the doors for us," she says. "So, we were not taking to the streets ourselves." This suggests that while progress was made, the urgency for a constitutional guarantee of equality diminished over time.

Maya Klaris, a 27-year-old finance professional, represents this shift. When asked about the ERA, she notes, "A lot of women I know, their ultimate goal is to be wives and mothers." Yet, Klaris acknowledges her own aspirations, stating, "I do intend to have a career, a big one." Her perspective highlights how the amendment’s focus on legal equality may have been overshadowed by more immediate concerns, even as it remains a symbol of broader societal change.

The 2020 Ratification and Lingering Challenges

After decades of inaction, the ERA saw a renewed push in the early 2020s. In 2020, Virginia became the 38th state to ratify the amendment, but the 1982 deadline had long expired. This retroactive ratification, though a significant victory, did not immediately grant the ERA full legal force. Instead, it sparked debates over whether the amendment should be reinterpreted to meet modern standards. For many, the ERA’s survival hinges on its ability to adapt to contemporary issues, such as reproductive rights, equal pay, and representation in politics.

Despite its formal ratification, the ERA’s influence remains contested. While it was once seen as a straightforward path to gender equality, its journey through the political landscape reveals the complexities of achieving such a goal. "A constitutional guarantee of equality for women is still nonexistent," Pogrebin notes, underscoring the amendment’s unresolved status. This has left lingering questions about the legal protections it could have provided and the battles it might have helped win.

Legacy and Future Prospects

The ERA’s failure to pass has prompted reflection on its role in shaping women’s rights. While the amendment itself was not enacted, its advocacy catalyzed movements that advanced gender equity in other ways. For instance, the legal battles over reproductive rights and workplace discrimination have seen incremental victories, yet they remain hotly contested. "Battles thought to have been decided once and for all are once again in the spotlight," Pogrebin observes, highlighting the cyclical nature of progress in the fight for equality.

As the debate continues, the ERA’s legacy endures. It serves as both a reminder of past struggles and a catalyst for future action. The amendment’s text, though simple, encapsulates a universal ideal: that sex should not dictate one’s opportunities or rights. Yet, its ratification process exposed the challenges of translating this ideal into law. Whether the ERA will eventually gain the necessary support to become part of the Constitution remains uncertain, but its enduring presence in discourse underscores the importance of the cause.

Web Exclusive: Conversations with Advocates

For deeper insights into the ERA’s history and significance, watch an extended conversation with Letty Cottin Pogrebin, Robin Pogrebin, and Maya Klaris. This video explores the intergenerational perspectives on the amendment, its potential impact, and the evolving role of women in society. The discussion is a testament to the ongoing dialogue about equality and the lessons learned from past efforts.

Additional resources include coverage of the 2023 Senate vote on the ERA and analyses of its stalled status. These stories, along with tributes to monumental women and suffragists, provide a broader context for understanding the amendment’s place in the annals of women’s rights. The ERA’s journey reflects the intersection of law, culture, and social change—a dynamic that continues to shape the fight for equality today.

Related Coverage

For further reading, explore the following: - 2023: Senate Fails to Advance Equal Rights Amendment - The Equal Rights Amendment Is Stalled, Will It Ever Become Law? - A Tribute to Monumental Women - How Suffragists Finally Won the Right to Vote for Women

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