Think women have equal rights in America?
Think again!
The Equal Rights Amendment to the Constitution
was blocked into oblivion by Republicans.
How many Americans living today have ever heard
of the ill-fated Equal Rights Amendment to the U.S.
Constitution? If you haven’t, you are not alone. How
many women just assume that they have equal
rights in America?
The U.S. Constitution became effective on March 4,
1789. 131 years later, the 19th Amendment to the
Constitution was ratified on August 18, 1920, giving
women the right to vote, after a hundred years of
protest. Amazingly, a vocal minority of women were
against women voting, much like millions of women
are apparently against women’s rights today, when
they vote Republican.
In 1923, the Equal Rights Amendment was first
proposed in Congress, and defeated. It finally
passed Congress 49 years later, in 1972, by the
required two-thirds of House and Senate votes, and
was sent to the states, allowing them seven years
to ratify it.
This simple 58-word Amendment read:
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.
Section 2: The Congress shall have the power to
enforce, by appropriate legislation, the provisions of
this article.
Section 3: This amendment shall take effect two years
after the date of ratification.
Seems reasonable enough, right?
It takes three quarters of states (38 states) to ratify
an Amendment to the Constitution. Congress
thought it would be a slam dunk, but they thought
wrong. They even extended the deadline to 1982.
By 1982, only 35 states had ratified it, and five of
them tried to rescind their votes. The 38th state,
Virginia, agreed to ratify it in 2020, 38 years after
the deadline.
A federal District Court judge ruled in 2020 that it
was too late, based on the fact that Congress had
imposed the 1982 deadline. He did not rule on
“take-backs” for the five states that changed their
minds. In 2021, the U.S. House of Representatives
barely passed a Joint Resolution to eliminate the
deadline and to make the Equal Rights Amendment
part of the U.S. Constitution. The Senate still has
not passed that resolution, not that it would do any
good.
Here are the 12 states that never voted to ratify the
E.R.A.: Alabama, Arizona, Arkansas, Florida,
Georgia, Louisiana, Mississippi, Missouri,
Oklahoma, South Carolina, and Utah. No surprise
there. How many of them would ratify it today?
Here are the five states that tried to rescind their
votes to ratify: Idaho, Kentucky, Nebraska, South
Dakota, and Tennessee. How many of these do you
think would vote to ratify the E.R.A. today?
About 20 states have some kind of Equal Rights
Amendment in their state constitutions. For
example, in 1972 Texas amended Article One
Section Three of their constitution, adding these
words: “Equality under the law shall not be denied
or abridged because of sex, race, color, creed, or
national origin. This amendment is self-operative.”
How’s that working out for women in Texas?
Oh, wait. Texas men aren’t allowed to get abortions,
either, so there’s your equality, gals!
If we ever again have a House and Senate where
two thirds of members are reasonable, maybe we
can try again on the Equal Rights Amendment. This
time, if they must impose a deadline for ratification,
it should be 100 years.
We can get strong Democratic majorities in the
House and Senate in 2024, especially if some
Republican women wake up. And we can certainly
get two thirds by 2026 or 2028. Then if Red states
block the E.R.A. again, that could end the G.O.P. for
good.