Now that the necessary 38 states have ratified, Congress must eliminate the original deadline. A joint resolution was introduced in Congress currently to do just that. In 2017, Nevada became the first state in 45 years to pass the ERA, followed by Illinois in 2018 and Virginia in 2020! Yes! Among 193 UN member states, 85% have a provision in their constitution that specifically addresses gender equality, and a further 115 that have a provision that prohibits discrimination on the basis of sex. Is an Amendment Like the ERA Something Other Countries Have? With the ERA, there is no room for doubt that discrimination on the basis of sex has no place in the United States. Boren, the Court found that men and women could be treated differently under the law if such treatment served an “important governmental objective” without being in violation of the Equal Protection Clause of the 14th Amendment.Īdditionally, laws like Title IX and the Equal Pay Act are not permanent protections for women and can be rescinded or replaced at any time. However, with its 1976 ruling in Craig v. Supreme Court began to apply the Equal Protection Clause to cases of sex discrimination. The Fourteenth Amendment was passed in 1868 and it was not until over a century later, in the 1970s, that the U.S. While the Equal Protection Clause of the 14th Amendment has been interpreted to protect against discrimination on the basis of sex, that understanding of the Amendment is not assured or guaranteed. Doesn’t the Equal Protection Clause of the 14th Amendment Already Offer Protection in the Constitution? But the bedrock principle and protections the ERA offers would be enshrined in the United States’ most basic legal document, providing a permanent and powerful tool to achieve gender equality. Over time, a legal precedent would need to be established using the ERA as a piece of legislation. While American life is unlikely to change overnight, but its passage would be a significant historic victory for women’s and gender equality, and provide permanent protection against laws that discriminate on the basis of sex and/or gender. The 1982 deadline passed with the ERA falling three states short of the 38 needed for ratification. However, anti-ERA groups and activists ramped up their opposition during that time, successfully mobilizing factions against the ERA and stalling the momentum the movement had enjoyed throughout the country. Upon reaching the original deadline without achieving the requisite number of state ratifications, advocates for the ERA convinced Congress to extend the deadline until 1982. When the ERA passed in 1972, the legislation included a seven-year deadline. Why Wasn’t the ERA Ratified Back in the 1970s and 1980s? When the Equal Rights Amendment (ERA) was passed by Congress in 1972, it was the culmination of a fight that had already lasted nearly four decades-and is still far from over. Section 3. This amendment shall take effect two years after the date of ratification.Īccording to a 2016 survey commissioned by the ERA Coalition, a whopping 94 percent of people in the United States would support an amendment enshrining gender equality into the Constitution. Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. ![]() Section 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. The entire text of the proposed amendment is: The ERA is a very simple amendment putting protection for women and other marginalized genders directly into the United States Constitution. ![]() What is the Equal Rights Amendment (ERA)? Many years later the Supreme Court interpreted the Equal Protection Clause of the 14th Amendment to protect women to an extent, but a special category was created for gender that offers far less protection than other protected categories like race, religion or national origin. Women were never part of “the people” they envisioned in the Constitution. ![]() Constitution were all white, landholding (and many slave-holding) men. One short sentence would make all the difference to ensure people protections under the Constitution, regardless of sex or gender. Aren’t women already protected in the Constitution?Ĩ0 percent of people in the United States think that men and women are guaranteed equal rights in the U.S. The Equal Rights Amendment would put protection for women and other marginalized genders directly into the United States Constitution.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |