Importance of Equal Rights Amendment: Opinion Essay

Human rights are principles that acknowledge all human beings to live with equality, dignity, freedom, peace, and justice. Every person has these privileges clearly because they are human. They are secured to everyone without discrimination of any kind, such as color, race, dialect, gender, political opinion, creed, national or social origin, birth, property, or other status. Human rights are vital to the full growth of entity and associations. It is valuable to consider at the beginning why equality and human rights are important to humanity by recognizing that integrating civil rights and human rights into public administration, policy and decision-making arrangements will help an innumerable amount of people. Where impartiality and civil rights are evaluated, based on proof and the significant engagement of societies, stronger connections will be established and it will be simple to demonstrate honesty, approachability, and clarity.

The Equal Rights Amendment was a projected amendment to the U.S. Constitution planned to promise impartial legal rights for all American citizens disregarding of gender; it pursues to end the legal differentiations between women and men in terms of divorce, employment, ownership of land and other matters. Since its inception, the ERA has been a source of persistent debate over whether or not total fairness between men and women is worth the loss of certain congressional protection. In fact, from 1923 to 1970, the arrangement of the amendment was brought in every gathering of Congress but was usually held up in committee and never put to a vote. “First proposed in the 1920s, the Equal Right Amendment to the Constitution was resurrected in the 1970s as an outgrowth of the second wave of feminism.” When second-wave feminism took hold in America, it escorted in a tsunami of new backing for the perception of essential equality between women and men.

Politics in the U.S. have always to some degree been affected by religion. As a nation whose deep history of religious fortitude includes milestones like Thomas Jefferson’s Virginia Statue of Religious Freedom and a strict partition of church and state laid out in its constitution, the United States to this day has maintained a flourishing amongst various religious cultures. The government was never supposed to meddle with the religious interests of its citizens, nor was it to establish any kind of governance thereof, making religion in the U.S. virtually free undertaking. As a result, the realm of civic and political rhetoric have from time to time been brushed off by waves of affirmations by the dedicated claiming their place in the guiding of the nation. At the end of the 1970s, public attention was drawn to the vast number of traditional practitioners of evangelicalism in the U.S. by inclusive questioning into the matter. Among the “sins of America” that Falwell condemned, he identified several “major problems”: homosexuality, abortion, pornography, humanism, etc. “We must stand against the Equal Rights Amendment, the feminist revolution, and the homosexual revolution. We must have a revival in this country . . .” Falwell’s focal point on gender is hardly surprising surely dread about feminism has come to be one of the trademarks of evangelicalism.

Conservative activist Phyllis Schlafly is famous especially to her unreserved interpretation of the Equal Rights Amendment, a prospective amendment to the Constitution that would have notably barred gender discrimination. It was passed by Congress in 1972 but crushed in the years to come, when it failed to be approved by enough states — partly because of Schlafly’s bold resistance. Her argument was that however acceptable most people found the amendment’s vocabulary, judges would use it to push through procedures abundant of those same people would detest. “This Amendment will absolutely and positively make women subject to the draft. Why any woman would support such a ridiculous and un-American proposal as this is beyond comprehension.” If the military draft ever returned, the amendment would mean that women had to be exposed to it. Schlafly and other anti-ERA activists tied the amendment to concerns such as moral deterioration and abortion, uneasiness that drew heated criticisms from the Christian fundamentalists and the religious right. By connecting the ERA to such topics, anti-ERA activists drew a direct line between the amendment, moral deterioration, suggesting that amendment defenders were not only the enemies of “traditional” housewives, but also the enemies of Christianity.

Importance of Equal Rights Amendment: Argumentative Essay

7 a.m. on a Saturday morning is not usually the time you think of for a meeting, but when you have a political deadline, every hour counts. The Leesburg County Pavillion is buzzing with energy supplied by cup after cup of watery black coffee and pure adrenaline. From teens to seniors, activists from all over the state have shown up to canvass door to door for the Equal Rights Amendment. The sweltering summer sun is the least of their worries when change-making is on the mind and equal rights are a fingertip away.

By 2019, it should be a given that every citizen receives equal legal rights, but not in the United States. The US constitution does not explicitly guarantee equal footing for both sexes, rather leaving the responsibility of passing gender discrimination laws to state governments. Yet only 25 states and US territories have adopted some form of comprehensive gender discrimination law. The Equal Rights Amendment (ERA) would ensure fundamental legal protection against gender discrimination for all sexes. That is why people from all over the country have been fighting for nearly a century to ratify it, from phone banking to canvassing, the ERA has never been closer to ratification.

For a new amendment to be ratified, two-thirds of the states must pass it. Currently, the ERA has been ratified by 37 states and Virginia is likely the 38th state. While there are potentially 13 states that could pass it and lead to the ratification, Virginia is the closest. The amendment has been approved by the state senate but not in the house. In February the bill was voted on but was overturned by a slim margin of one vote. With all one hundred house seats up for ballot in November, ERA activists are working harder than ever to ensure pro-ERA candidates win.

When it was first introduced in 1923 very little progress was made towards its ratification. But nearly four decades later, with the surge of first-wave feminism, the ERA was once again brought back to the limelight. In a few years, 35 states ratified the bill, however, conservative backlash against feminism eroded support for the ERA and ultimately it was unable to gain the last three states needed for ratification and the bill was left dormant. Fast forward to today, the reignition of the #MeToo movement in 2017 has regenerated energy for the almost forgotten bill.

While the Equal Rights Amendment would have little effect on the everyday American woman, its ratification is still crucial. The cultural and societal value is akin to First Amendment freedoms. But for other women, the ERA would provide legal protection in ways that would revolutionize gender-related court cases. From sexual harassment to murder cases the ERA would turn the tide for female victims.

In 1999, a father abducted his three daughters who were in the custody of their mother. Their mother, whom had previously obtained a restraining order against him, reported the incident to the police who said they were unable to intervene. A few hours later the police discovered the father killed the three children. The mother chose to sue the county, and the case even made it to the Supreme Court under the name Gonzales V.S Town of Castle Rock. However, the court ruled the 14 Amendment, which proclaims every citizen of the US is granted equal civil and legal rights, does not compel county officials to protect women against domestic violence, leading the defendant to win.

With an amendment added into the constitution cases like Gonzales V.S Town of Castle Rock can be tried justly. The amendment would require the government to intervene in cases of domestic abuse as a form of sex discrimination. This legal framework would have tipped the scale in favor of the mother in a case of blatant neglect on the county’s side allowing her to get the justice she deserved. Providing fundamental legal backing is crucial to cases that can be interpreted as gender discrimination. While smaller laws like Title IV, which is to prohibit discrimination on the basis of sex in any education program or activity that is federally funded, have been put in place they only protect very specific cases and many loopholes can be found.

While many see the ERA as only advantageous to women, it also provides legal equity for men. In certain areas of law, like family law and paternity suits, men face gender discrimination. For instance, in cases of child custody nearly 90% of the time the mother gains custody, many times because of internalized stereotypes. This unchecked bias is a form of gender discrimination, but without gender-neutral anti-discriminatory laws, cases go untried. With the ERA men will be able to call upon the court system and possess a solid legal framework for their case. The amendment will finally grant men legal equality in areas that have historically favored women.

Many skeptics see the Equal Rights Amendment as an unsettling attempt to introduce abortion rights into the Consitution, however, that is not the main focus of the ERA, in fact, reproductive rights are not mentioned at all in the mere 52 words of the amendment. Others claim the ERA is no longer necessary considering policies and laws placed by federal and state governments. But laws can change depending on the current administration, which has already happened with the Violence Against Women Act which was left to expire without the introduction of an alternative. Having the ERA in the Constitution would keep equal rights safe from destructive anti-feminist administrations and make it a permanent part of our society.

Cause for Non-Ratification of the Equal Rights Amendments: Analytical Essay

The Second Reconstruction period marked a vital reawakening of civil rights movements, which advocated for liberty for all Americans. Under this law, Equal Rights Amendments (ERA) became an integral requirement by stipulating that: “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex” (Jessiekratz). The law was reinforced by progressive social, economic, and political changes in the country, characterized by demand for fair treatment in the workforce and quest for gender parity. The formation of equality Acts and affirmative action signalled a critical path in this realization, particularly in eradicating women discrimination in employment and promoting political representation. However, the amendment has faced numerous drawbacks from Congress due to conflicting interests, interference with other rights, and the presence of regulations safeguarding gender impartiality.

Congress remained reluctant to pass Equal Rights Amendments due to conflict of interests between the federal and state jurisdictions. When the upper assembly enacted the ERAs in 1972, all legislatures had to ratify it with approval of three-fourth of all states (Jipping). By 1974, 33 states had passed it, which prompted Congress to extend the deadline (Young 626). However, representatives from the remaining states failed to approve it, and the house dropped the bill. Some states’ rights advocates affirmed certain laws opposed ERA since it affected business interests of the insurance sectors (Alice Paul Institute). These rulings impacted significantly on the 1980s general election, due to Pro-ERA positions held by women voters against the male-dominated political representations (Mansbridge 166). Between 1995 and 2016, it was passed by one floor of the parliament, while the House of Delegates failed to provide a committee proposal for a full vote. Consequently, the failure to agree and ratify conflicting clauses in the bill created opposition from state legislatures, derailing its approval.

The enactment of the Equal Rights Amendment would eradicate other integral rights of women. The legal aspect of supporting ERA was that the constitution failed to stipulate clear rights regarding such gender violating vices as sexual harassment, domestic brutality, and unequal workplace opportunities (Salam). However, the ramification was likely to infringe on other legislation advocating for gender equality. For instance, it would sabotage protective laws such as sexual assault, right for child custody in cases of divorce, and financial obligation bestowed to men in marriages. It will also create an unconstitutional all-male military draft, since women will lose concessions on fair opportunities in compulsory military service. According to an anti-feminist Republican named Phyllis, ERA was against the cultural customs that regard men and women different, in terms of social amenities and family obligations (Schlafly 2). Therefore, equal gender rights would not be achieved by enacting legal structures likely to conflict with other regulations.

Congress affirms that the constitution provides clear laws to safeguard women’s rights and gender parity. The 19th amendment gave all Americans the civil freedom to vote and engage equally in all social, economic, and political activities (Ginsburg). In the 21st century, social organizations, such as ‘#MeToo’ and ‘Time’s Up Movements,’ are harnessing the quest for women empowerment, corporate diversity, and legal gender protection (Weiss). However, Congress continues to review the unremitting debate on ERA’s suitability and potency to create redundant laws supporting the impartiality of men and women. Consequently, it has withheld the bill’s sessions based on its legality by affirming that equal rights had already been granted by the constitution using such legislation as Civil Rights Acts of 1964, which advocated for liberty for all regardless of race, gender, national origin, sexual orientation, religion, ethnicity, physical disability (Brown 528). Therefore, this Act guarantees women entitlements by providing clearer gender protection guidelines, which eliminates the applicability of ERA.

Equal Rights Amendment (ERA) aims to promote gender equality in the U.S., by eradicating vices such as women violence and promoting equal opportunities in social, economic, and political spectrums. However, Congress has failed to pass it due to conflicting interests in both state and federal houses, likely infringement of other women rights, and the presence of constitutional laws safeguarding gender liberty. Nevertheless, the onset of a collaborative approach from equal rights movements, women in political leadership, and social media integration is a positive step towards realizing Congress approval.

Works Cited

  1. Alice Paul Institute. “History of the Equal Rights Amendment”, n.d., www.equalrightsamendment.org/the-equal-rights-amendment
  2. Brown, Paulette. ‘The Civil Rights Act of 1964.’ Washington University Law Review, vol. 92, no.2, 2014, pp. 527-552.
  3. Ginsburg, Ruth “The Need for the Equal Rights Amendment,” American Bar Association Journal, 59, 1973, pp. 1013-1019.
  4. Jessiekratz, “Failure of the Equal Rights Amendment: The Feminist Fight of the 1970s.” September 22, 2014, https://prologue.blogs.archives.gov/2014/09/22/failure-of-the-equal-rights-amendment-the-feminist-fight-of-the-1970s/
  5. Jipping, Thomas “Why the Old Equal Rights Amendment Is Not Viable” The Heritage Foundation, Jul. 1, 2019, www.heritage.org/the-constitution/commentary/why-the-old-equal-rights-amendment-not-viable
  6. Mansbridge, Jane. “Myth and Reality: The ERA and the Gender Gap in the 1980 Election” The Public Opinion Quarterly, vol. 49, no. 2, 1985, pp. 164-178.
  7. Salam, Maya “What Is the Equal Rights Amendment, and Why Are We Talking About It Now?” The New York Times, Feb. 22, 2019, www.nytimes.com/2019/02/22/us/equal-rights-amendment-what-is-it.html
  8. Schlafly, Phyllis “What’s Wrong with ‘Equal Rights’ for Women?” Eagle Forum, vol. 5, no, 7, 1972, https://eagleforum.org/wp-content/uploads/2017/03/PSR-Feb1972.pdf
  9. Weiss, Laura. “A New Era for the ERA?” Roll Call, May 23, 2019. www.rollcall.com/news/congress/new-era-era
  10. Young, Neil. ‘’The ERA Is a Moral Issue’: The Mormon Church, LDS Women, and the Defeat of the Equal Rights Amendment” American Quarterly, vol. 59, no. 3, 2007, pp. 623-644.

Reflection on Equal Rights Amendment: Argumentative Essay

Equal Rights Amendment

For new female voters or future female voters, it is important to understand how voting rights and equal rights for women have progressed. At the age of 27, “In 1912 [Alice Paul] promptly joined the National American Woman Suffrage Association” (Baron, 1995). Suffrage means the right to vote; therefore, the NAWSA was formed to gain voting rights for women. After several years of fighting, women’s voting rights were ratified and became the Nineteenth Amendment in 1919. Although this was a huge step for women, Alice Paul wanted and proposed an additional constitutional amendment that would guarantee equal rights for both men and women, called the “Equal Rights Amendment” (Baron, 1995; Law, 2019). It was in 1943 that Alice Paul changed this to the currently worded version that states, “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex” (Kyvig, 1996). This means that men and women would be equal and have equal rights under all laws. However, there was a lack of progression in ratifying this Amendment, so it was pushed back until the 1970’s when the women’s movement was established (Equal Rights Amendment Overview, 2019). Finally, “Congress passed this in 1972 with a stipulation that 38 states ratify or pass this within seven years. During the first year, 30 states ratified this and another five states in the next four years.” (Kyvig, 1996). Image 1 attached, from Jocelyn Elise Crowley. (2006) illustrates the state’s support of ERA. Ratification of the ERA is important for Americans because it would provide legal protection against sex in employment, fair and equal pay, the right to choose abortion, reproductive freedom, child care expenses tax deduction, among other things (Law, 2019). Nonetheless, there were many opponents of the ratification of the ERA from both men and women. Despite the importance of the ERA and that it had a lot of support for change, its downfall was because it took too long to ratify which had allowed the opposition amble time to cast doubt.

Surprisingly, much of the opposition to ratifying this act came from women. From the 1920s to the1970s, most female Americans believed their duty was to take care of the house, and their family. Although women gained the right to vote, “They were less likely to vote than men and, if they did vote, women tended to follow the preferences of their fathers or husbands” (Noble, 2012). The older women at this time did not want to change the status quo, so they stuck with the tradition of following the lead of their husbands or men in their lives. Women also began to argue “that the ERA offered no new protections to women, that it would adversely affect protective labor legislation, and that it would impinge upon privacy in schools, restrooms, dormitories and prisons” (Noble, 2012). Women who enjoyed staying in the home feared that they would be forced to work as much as men at the time, and they would lose their protection in public areas. Despite the new wave of feminism and the Women’s Liberation movement, which advocated for women’s rights in the 1960s and 1970s, there were still many opposers to this. Image 2 attached from Gao, T., & Gurd, B. (2019) illustrates the small percentage of women that were for the ERA. The most vocal female opposer was Phyllis Schlafly, who challenged the ERA and placed doubt in the minds of many others. Schlafly created the “pressure group, ‘Stop ERA’, that managed to” gain support in order to oppose the ERA (Allitt, 2016). This group prevented states from ratifying the ERA and convinced some states to take back their ratifications. This opposition stalled the progress. Forty-seven years after Congress approved this, we are still fighting to make it a law. Even though Phyllis is no longer with us, her descendants still fight for her cause, thus creating a long-term setback for supporters of the ERA (Why We’re Still Fighting Over the Equal Rights Amendment in 2019, 2019). Not all opposers were women; there were plenty of men that did not feel we needed this Amendment.

Although some men supported this, such as President Carter who wrote to the House Judiciary Committee on behalf of the ERA requesting an extension of the deadline, President Richard Nixon who was one of the biggest supporters, and some Congressmen in the mid-1970s and 1980s, many other men that opposed it (Equal Rights Amendment Letter to Members of the House Judiciary Committee; Noble, 2012, p.4). In particular, “Representative Emanuel Celler of New York had blocked consideration of the Amendment in the Judiciary Committee” and “his strong connections” allowed him to influence others to take his position (Equal Rights Amendment Overview, 2019). This Amendment was introduced many times in the House and the Senate; however, many of these men in power continued to block the ERA from being ratified. These men believed that the “Fourteenth Amendment” guarantees rights to and “defined citizens as ‘all persons born or naturalized in the United States’, already gave women sufficient guarantee of equal protection under the law” (Noble, 2012). In addition, “Title VII of the Civil Rights Act, passed in 1964, outlawed discrimination in employment on the grounds of race, colour, religion, national origin and sex” (Noble, 2012). This then added to the rights provided by the Fourteenth Amendment, making many of these men confused as to why women would need more rights if they already had many. They believed that these would be enough for women and that the ERA would be redundant. The “courts had begun to take the lead by interpreting the Fourteenth Amendment and other existing legislation as bulwarks against gender discrimination” (Noble, 2012). People who were once supporters of the ERA began to align with those who thought that the current laws were enough to protect women, so they stopped fighting for the ERA. Creating these other laws was a significant step for women, but the mentality that we already have enough laws and that the country does not need more, hurt the ERA moving forward. Supporters persisted and reminded voters that even amid these protections, there were still discriminatory actions taking place, and passing the ERA would require courts to add gender discrimination to the list of “classifications protected by the highest” court (Colohan, K. E., Niles, K. J., & S, J. 2018). Although the time limit has passed, it is still worth the fight for this right today.

Today, with the Women’s Marches, the #MeToo movement, and current celebrities like Alyssa Milano, America Ferrara, and Patricia Arquette, bringing to light Women’s rights issues, the ERA has gained new momentum in recent years (Why We’re Still Fighting Over the Equal Rights Amendment in 2019). As of May 2018, thirty-seven states have now passed this bill. Supporters believe that we need just one more state to have the ERA become a Federal Amendment finally. However, the opposition believes that five of these states have rescinded their vote and that the deadline Congress imposed has long passed; therefore, this is a moot point. New opposition has also come to light in the past decade; the “Anti-abortion groups have swung into high gear against the Amendment” (Why We’re Still Fighting Over the Equal Rights Amendment in 2019, p.2). These groups believe that passing the ERA will contribute to a higher rate of abortions. Organizers of the “National Right to Life Committee” as well as descendants of Phyllis Schlafly are campaigning that the ERA is Anti-Woman (Why We’re Still Fighting Over the Equal Rights Amendment in 2019). They have convinced voters that despite current state laws regarding abortion, the ERA would supersede that and allow women the right to choose. The Pro-Life supporters have thus swayed the vote against ERA. This hot issue has created more doubt in those that were once for the ratification, but this video, “Forty Years Later the ERA is still not a part of the Constitution,” https://youtu.be/lghqP2Dz0dc shows why we are still fighting today why we will not give up despite the opposition faced.

Conclusion

The Equal Rights Amendment is important to me personally because, as a woman in the business world with two daughters that are about to enter the “real world” and my audience of young women soon to be voting or entering the workforce, having a law that protects our rights from discrimination is beneficial. We have come a long way from where we once were, but the fact that women are not seen as equal to men in the Constitution is just wrong. For this reason, I chose this research topic. I have learned a lot about the ERA after reading through more than 30 articles and other internet searches. Thinking like a historian, researching this topic, and searching for evidence has changed the way I was looking at this. To me, the ERA is personal, so I was initially thinking in the social lens, how this has affected other women I know or me. Nevertheless, most of my research has led me to believe this should be thought of in the political lens. “The supporters knew, a little too late, that their opponents could always use the political system to delay the process of ratification until the deadline passed. They could stall committee actions by filing postponements and delaying votes.” Kyvig, D 1996).

If today’s historian would continue researching my thesis statement, they will need to look at current events as well as laws. Besides the most vocal groups, anti-abortion activists, they would need to research to find out of there are any other groups that may be opposing the ERA passing. This historian would also need to research laws regarding states rescinding on their votes; if this is allowed, then we need six more states to pass this. If this is not allowed, then we are just one state short of ratification.

References

  1. Allitt, P. (2016). Death of an anti-feminist: The extraordinary Phyllis Schlafly, who in the 1970s organised the opposition to the Equal Rights Amendment. Spectator, (9811), 18. Retrieved from https://search-ebscohost-com.ezproxy.snhu.edu/login.aspx?direct=true&db=edsglr&AN=edsgcl.462893543&site=eds-live&scope=site
  2. Baron, R. C., Scinta, S., & Staten, P. (1995). Alice Paul. Millennium 2000 — 20th Century America: 100 Influential People, 93–94. Retrieved from https://search-ebscohost-com.ezproxy.snhu.edu/login.aspx?direct=true&db=hlh&AN=18477422&site=eds-live&scope=site
  3. Bolce, Louis, DE Maio, Gerald, & Muzzio, Douglas. (1987). The Equal Rights Amendment, Public Opinion, & American Constitutionalism. Polity, 19(4), 551. https://doi-org.ezproxy.snhu.edu/10.2307/3234703
  4. Colohan, K. E., Niles, K. J., & S, J. (2018). The Equal Rights Amendment. Alice Paul Institute. Retrieved from https://www.equalrightsamendment.org/
  5. Commission on Civil Rights, Washington. D.C. (1981). The Equal Rights Amendment: Guaranteeing Equal Rights for Women Under the Constitution. Clearinghouse Publication 68. Retrieved from https://search-ebscohost-com.ezproxy.snhu.edu/login.aspx?direct=true&db=eric&AN=ED210372&site=eds-live&scope=site
  6. Equal Rights Amendment Letter to Members of the House Judiciary Committee. July 12, 1978. (2001). American Reference Library – Primary Source Documents, 1. Retrieved from https://search-ebscohost- com.ezproxy.snhu.edu/login.aspx?direct=true&db=khh&AN=32365439&site=eds- live&scope=site
  7. Equal Rights Amendment Overview; Origins and Subsequent Actions in Congress and the States. (2019). Congressional Digest, (3), 5. Retrieved from https://search-ebscohost-com.ezproxy.snhu.edu/login.aspx?direct=true&db=edsggo&AN=edsgcl.580197280&site=eds-live&scope=site
  8. “Forty years later, the ERA is still not a part of the Constitution”. Jan 29, 2019, YouTube https://youtu.be/lghqP2Dz0dc
  9. Gao, T., & Gurd, B. (2019). Hospital size. Chart. BMC Health Services Research, 19(1), 6. https://doi-org.ezproxy.snhu.edu/10.1186/s12913-019-3907-6
  10. Jocelyn Elise Crowley. (2006). Moving Beyond Tokenism: Ratification of the Equal Rights Amendment and the Election of Women to State Legislatures. Social Science Quarterly, 87(3), 519. Retrieved from https://search-ebscohost-com.ezproxy.snhu.edu/login.aspx?direct=true&db=edsjsr&AN=edsjsr.42956139&site=eds-live&scope=site
  11. Kyvig, David E. (1996). Historical Misunderstandings and the Defeat of the Equal Rights Amendment. The Public Historian, 18(1), 45. https://doi-org.ezproxy.snhu.edu/10.2307/3377881
  12. Law, T. (2019). The U.S. Constitution Doesn’t Guarantee Equal Rights for Women. Here’s Why. Time.Com, N.PAG. Retrieved from https://search-ebscohost-com.ezproxy.snhu.edu/login.aspx?direct=true&db=bsu&AN=138342666&site=eds-live&scope=site
  13. Noble, G. (2012). The Rise and Fall of the Equal Rights Amendment. History Review, (72), 30. Retrieved from https://search-ebscohost-com.ezproxy.snhu.edu/login.aspx?direct=true&db=f5h&AN=73166289&site=eds-live&scope=site
  14. Why We’re Still Fighting Over the Equal Rights Amendment in 2019; (2019). Miller- McCune.Com. Retrieved from https://search-ebscohost-com.ezproxy.snhu.edu/login.aspx?direct=true&db=edsggo&AN=edsgcl.593897247&site=eds-live&scope=site

Evolution and Current Status of the Equal Rights Amendment: Analytical Essay

The right of women to gain equality in the United States has been a rather tumultuous journey. They have had to overcome many obstacles on their road to impartiality – sometimes even among themselves. During the nineteenth and early twentieth century, the United States was undergoing a number of momentous changes within its borders. Changes in ideals, beliefs, and values that would later affect the lives of both men and women; but perhaps changes that were more paramount in the fight for the equality of women. Of the number of new changes on the horizon, the first and conceivably one of the most pivotal turning points for women rests with the Seneca Falls convention. This convention resulted in what is known as, the Declaration of Sentiments. This declaration argued for women’s rights in regards to politics, family, education, jobs, religion, and morals.The long and challenging journey that resulted after the convention finally concluded with the passage of the Nineteenth Amendment in 1920, giving women the right to vote; a right previously reserved for men. This, then, paved the way for the equal rights amendment or ERA at both state and national levels. The ERA, on its most basic level, called for complete equality for women. However, this push did not come without its objections and protests. It endured continuous criticism and opposition in the years following 1923 when it was first introduced by Alice Paul from the National Women’s Party. Several times after its introduction, the ERA received both endorsement and censure on both the home front and the political front. It was even “vigorously opposed” by many of the more progressive groups of the time.

This split between opinions also caused a bigger division among women. It has been a controversial and debated topic since its inception. Essentially, these debates placed pro-ERA supporters on one end of the spectrum and anti-ERA supporters on the other. The concern for both these groups rests with a number of varying factors. For pro-ERA supporters, the argument centered around women finally gaining the equality they deserve in the workplace, with property, and other such previously male-controlled facets of life. While the anti-ERA supporters centered their stance around what the ERA would essentially be taking away from women.

While heavily debated, the ERA has been introduced to Congress every year since it was first proposed in 1923 and until 1972, when it finally passed but was not ratified. Notably, it has also been reintroduced to Congress every year since 1982, yet, there are still a number of states that have yet to ratify the amendment. In order to understand the ERA in its entirety, while tracing the timeline of how it has been written about, it is useful to focus on certain time periods where the most writings were emerging on the issue: 1920, 1950, 1970, 1990, and currently.

The 1920s:

As America was recovering from World War 1, people adopted a number of new lifestyle changes and habits. Known as the roaring twenties, this decade was characterized by the popularization of jazz, flappers, speakeasies, talking pictures, cars and more. Both men and women were embracing new ways of “behaving and thinking.” With the rise in technology, industry, and leisure time many wanted to live a more opulent and lavish lifestyle.

One categorizing of this period was the unprecedented change in clothing, particularly in regards to women. Breaking free of the restraints of the Victorian era, women were now sporting short hair, shorter dresses, and embracing a more unrestrictive lifestyle. Prohibition was also a prominent component of this period, resulting in an increase in drinking leaving drinking to seem more “fashionable and exciting.” SOURCE

Though the aforementioned categorization of the decade was significant, there were a number of other big changes happening for women during this time. The first was the passage of the 19th amendment or the suffrage amendment allowing women the right to vote. This amendment did not come easily. It had been on women’s radar since the 1870s, but it was not until 1920 that it was ratified because of women’s exercise in perseverance.

After the passage of the 19th amendment, it seemed like the logical next step would be a push for complete equality for women. However, the proposal for the ERA caused a big divide in women’s groups during this time. As noted in one 1930 New York Times article, there was now a disparity among women. The article states that women should not be in support of the then-Republican candidate, Ruth Pratt because she chose to remain stagnant on the issue of the ERA. What is noteworthy in this article is that, instead, it pushed for women to support Pratt’s two male counterparts by reason of them supporting the ERA. Written with an undertone of subtly, the article actually reveals a new problem for women: opposition to each other. Like the article stressed, the women’s party, while previously would have pushed for the election of a woman, was now pushing for the opposite. It left the question now of whether or not supporting a woman candidate, who was not in favor of the ERA was showing support for women or was supporting a male candidate who was in favor of the ERA, showing the support for women.

Two separate but revealing New York Times articles, both written in 1921 gives a better understanding of conversations that were centered around the ERA at this time. One article titled “Fixes Equal Rights Amendment Form” emphasizes the support by many prominent lawyers around the country in favor of the ERA. It concludes with turning the issue, then, to an agreement among the lawyers that the ERA would not affect welfare laws. Conversely, other articles such as the one titled, “Equal Rights Plan Assailed as Futile,” turns the conversation in the opposite direction. It stresses the ideas of one woman by the name of Dorothy Kenyon. What is interesting here, is the importance placed on Kenyon’s status in society: lawyer, suffrage leader, and a member of the League of Women Voters. The article centered around her views that the ERA was “a round-about noise route, a diversion, and publicity that leads nowhere.” it went on further to explain Kenyon’s view that the ERA would nullify the idea of husbands supporting their wives which essentially means that certain rights would be taken away from women. While the exact date of this article is not given, they both seem to be a direct response to the other. Nevertheless, these articles reveal the much deeper split between women that centered around who was actually vying for the best interest of women.

The 1950s: a new turn

The 1950s were mainly characterized by the aftereffects of World War II. The war had only ended a few years prior, and the United States was undergoing rapid change. The G.I. bill allowed many returning veterans to buy homes and attend college, Suburbs were gaining major popularity, and the economy was booming with increased military spending. Men were also now returning from the war and resuming their jobs in the workplace, women were returning to the household, and for some, a new sense of normalcy was reemerging. Synchronously, however, it was also a time where that rebound to normalcy was also being vastly questioned. Women were now, more than ever, seeking to find their own identities. As in the case of Betty Friedan, we see a new struggle for middle-class women emerging: “the problem with no name.” Where women were feeling a sense of intense guilt for both working and staying at home with their families. Whatever decision they made, it still seems to stem the same level of guilt among women.

While the 1950s seemed to have been a thriving period, there was also the underlying fear of communism among people. This rooted fear of communism caused a big distrust among many; Jewish women were being falsely accused of being spies, women in Southern California were taking a step back and on the side of conservativeness that led them to become “foot soldiers of conservatism.”

The conversation that centered around the ERA at this time was quite different from the one in the 1920s. In a 1951 article written by Marguerite Fisher, associate professor of political science at Syracuse University, we can see the slight change in tone when the issue of the ERA is being written about. Fisher heavily focuses on the disadvantages of women. However, what is noteworthy is that she does this by exploring various aspects in which women do not have any legal power. For instance, serving on a jury in all states, the superior rights of fathers as compared to mothers, the legal disabilities of married women when starting a business, women’s earnings are sometimes not their own and the legal right of husbands to collect his wife’s wages. What makes Fisher’s points more valid and appealing is her use of rather poignant examples. It seemed as though her aim here was to evoke emotion and a reaction from her readers to showcase the unfairness that women were faced with.

On the other hand, Fisher’s article does shed light on the opposition of the ERA as well. While she did not write with the same ardor and suggestive tone as she did for the pro-supporters, she did do a very thorough job in maintaining both sides of the argument. This reveals something new to us- she was a woman of her time, writing with only a subtle tone of her stance. First, reading her article, one can argue that she was easily pro-ERA, however, as her writing progressed and she shifts into explaining the reasons for the opposition, you can sometimes get a sense that she was really trying to give a thorough account of the ERA. But because of this, her opinion on the subject gets a little more clouded. This is vastly different from the writings seen in the 1920s. The writings in the 1920s were very much written around the author’s stance. It was heavily defended and no light was shed on the counterarguments.

Another example of this is portrayed in Ethel Ernest Murrell’s 1952 article. While she was clear from the beginning that she stood firm in support of the ERA, she also does not neglect the arguments made by anti-ERA opposers. Interestingly enough, she uses the same tactic as Fisher, with her poignant, emotion-evoking examples when explaining the benefits of the ERA. But one very notable difference is Murrell’s use of sarcastic commentary when addressing issues opposers have with the ERA. Though, the major difference between these two articles lies with the undertones of each article; Fisher seemed calmer and more composed on the issue while Murrell’s article has a very strong undertone of anger and annoyance aimed at those that opposed the ERA. Again, this highlights the division that seems to still be lurking among women.

Contrastly, in a 1950 article written in the Stanford Law Review lists a number of discriminations against women in the law. This is rather noteworthy because it allows us to see that the issue of equality was not just among women or women’s groups of the time, but rather, this issue of equality was getting attention in other corners of society. The article starts off by saying that the “fact that a constitutional amendment is deemed necessary shows that some women are not satisfied with their present legal position.” It then goes on to list a number of existing discriminatory laws such as those against women being on the jury, discriminations in marriage and divorce rights, property rights, and wage and labor laws. However, as demonstrated in the previous two articles, this source also allots time in explaining the reasoning that the opposers give in their defense of the ERA. It seems as though the aim of this article was to not only to enlighten on the discriminations that women faced but also a major part was to clarify on some misconceptions of the law that women were using in their pro-ERA stance. Not that their views were wrong on the issues, but the author merely mentions some discrepancies in the numbers, to illuminate on how the majority of states were already adopting more equal laws for women. For example, when speaking about the rights of a window or husband of a deceased spouse, previous writings have alluded to the disparities between the surviving man and woman. To disprove this, the author acknowledges that the rights of a surviving husband or wife are more alike than dissimilar in more states than not. Throughout the article, the author continuously makes references as such where he showcases how some states were amending their laws to some degree.

At the forefront, these three articles show a new way of writing about the ERA that was happening in the backdrop of the 1950s. While women and men were having new experiences in their daily lives, with new postwar issues that were not significant during the 1920s, the writings around the ERA still continued – just slightly differently. Now, authors were not as one-sided as they previously were. Many writers pushed their stance by focusing on both the positives and negatives of the ERA. One clear change was that writers were not making their point by focusing on who in society was backing them. As in the case with the two 1920 writers, who heavily made the point that prominent lawyers were in agreement with them and centered their arguments around that point.

The 1970s:

The 1970s was characterized by a number of substantial issues; being in the midst of the Vietnam war, the fight for equality continued among various marginalized groups in the backdrop of the watergate scandal. Various groups were fighting for equality alongside women, including African Americans and gays and lesbians. What is instrumental during this time period, in regards to women, is the emergence of second wave feminism. Beginning in the 1960s, women were now spearheading this idea of the “new woman.” Second wave feminist were rethinking issues surrounding gender, sexism, racism, sexuality, reproductive rights, religion, labor, colonialism, technology, art, music, and environment. Leading figures of feminism during this time included Gloria Steinenem, Betty Friedan, and Wonder woman.

On March 22, 1972 the ERA was finally passed by congress after the revival of feminism and countless push by women organizations. It was then sent to the states for ratification which required thirty eight states to ratify. However, the ERA did not meet the thirty eighth state requirement and so the ERA was never ratified. However, the writings and approach that emerged during this period were quite different than they previously were.

In an article written by the League of Women voters (LWV) in Missouri, aiming to promote the passage of the Equal Rights Amendment, we see a new trend emerging in the writings surrounding the ERA: mockery. Interestingly, the LWV’s tactic in promoting the ERA was a sort of minimized mockery to showcase its benefits. It seems as though their goal was to promote the ERA but do so in a way that would seem almost appealing to their male counterparts. They did this by elaborating on the benefits of the ERA in regards to men. Benefits such as not being solely responsible for supporting the children financially, not having the “burden” of paying for their wives mishaps with the law, being able to gain custody of the children, and other such male-focused benefits were sprinkled among the article. This is quite revealing in regards to the progression of the writings surrounding the ERA. While previous writings were centered around picking one side and defending it, these new writings were in a way more complex as it aimed to appeal to men.

Contrastingly, one article published by the National Association for the Education of Young Children (NAEYC) in 1979, shows a different tactic in relaying the benefits of the ERA to its readers. Being that this article was published by the NAEYC, it can be theorized that while the country was in a divide over the issue of the ERA, not all organizations that were focused on family affairs were promoting an anti-ERA stance, as the STOP-ERA protesters were. FIND STOP ERA ARTICLE.

Notably, the 1970s was a very pivotal time for the ERA. Aside from the various writings that were still centered around the ERA with varying viewpoints, one major new emergence was the new support the ERA received from organizations that were previously opposed to it. For example, the United Automobile Workers and the Women’s Christian Temperance Union were among two of the newly emerging supporters.

The Women’s Christian Temperance Union (WCTU) emerged during the post civil war period. The reasons for this emergence are numerous; on the most fundamental level, the WCTU began as a way to promote protestant-puritan values such as temperance, honesty, and order. It was also, in part, a reaction to the shift in influence from Protestant small town leaders to “new monied elites.” Similarly, it served as a way for women to broaden their domestic roles in the community. Because of the traditional values the WCTU promoted, they did not believe that those values aligned with the ERA and initially opposed it. But, as Noel Myricks clarifies, and reveals in 1977, a new focus was on the forefront concerning the ERA. More and more organizations, writings, and protests were centered around equal wages, conditions, and the impact on family life as a positive for both genders.

Similarly, a 1970 journal article, written by Raymond Munts, reveals this new notion in separating equality and labor laws like the WCTU previously affirmed. In relation to the ERA, Munts states that “the equality argument always has existed as an antithesis to the protection argument.” On its most basic level, Munts was shedding light on the long standing conflict that separated women’s labor organizations and women’s equality organizations. He ties the two by speaking of the comparable desires of both labor and equality organizations: equal wages for equal work, weight lifting restrictions for both men and women, night work, and occupational limitations. While this is very different than the Myricks article, the aim was the same: promoting the equal benefits associated with the ERA. What is different, though, is both Munts and Myricks approach with this. Munts focused more on stand-alone positives, while Myricks chose to portray these positives by showing how groups of people were not attesting to these positives.

Similarly, in 1980, the American Federation of Labor and Congress of industrial organizations (AFL-CIO) was also showing its support for the ERA. Specifically focused on its illinois brach, a newspaper article was published about the drive hosted by the AFL-CIO in order to endorse and promote the ERA. This new trend of support from such organizations shows us how the ERA supporters were beginning to acknowledge that supporting the ERA was not undoing labor laws, as many had firmly believed. Instead, it was undoing this divide between labor laws and equal rights that previous opposers had firmly rooted their beliefs in. This view combines both Munts and Myricks main points by showcasing this new way of highlighting the ERA’s benefits, as well as, demonstrating the change in certain organizations stance; as with the WCTU.

Overall, the 1970s, was a very defining period in ERA history. Because of the already established protective legislations in place during this period, it was easier to acknowledge both labor laws and equality laws on its own. Thus, leaving way for more women’s groups to become open to the idea of an ERA. However, while the ERA started with great acceptance after its 1970 introduction to congress, it did not meet the ¾ state ratification by the 1978 deadline. Because of this, congress extended the deadline to 1982, however, the extension expired without any states further ratification.

1990:

This period was met a surprising new emergence. While, this period was right after the deadline ended for the ERA, concluding with a standstill of the amendment, the writing during this time were no longer centered around ERA support but rather, it was now focused on antifeminist groups.

A 1991 article titled, “Who Speaks for American Women? The Future of Antifeminism,” gives us a little insight on this issue. Written by Susan E. Marshall, an associate professor of sociology at the University of Texas, tells of a new wave of antifeminist women’s groups growing after the defeat of the ERA.

The aim of this paper is to explore and investigate the public and political views of ERA, focusing on how those views have affected the ERA and have either changed or remained the same thereafter. I will also explore the current status of the equal rights amendment among various states in the U.S. and the current public views of this amendment. To do so, I will focus on writings from various time periods including the 1920s, 1950s, 1970s, and today. These time periods were specifically chosen because of the context of what was happening during this time in the United States. I will provide background information on the current state of affairs during each time period and how that directly or indirectly impacted the outcome of the ERA. but perhaps changes that were more paramount in regards to women. Exercise in perseverance.