The Equal Rights Amendment
by Diana Martin
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.
It’s been almost 90 years since the 19th Amendment was finally ratified into the U. S. Constitution, granting women the right to vote. It’s been 37 years since the Supreme Court issued its historical decision on Roe vs. Wade, making abortion legal in the United States. And it has been almost 15 months since President Barack Obama signed the Lilly Ledbetter Fair Pay Act, restoring protection against pay discrimination. But a woman’s right to be recognized as an equal citizen with equal rights shouldn’t just stop there. We should be constitutionally guaranteed equal rights, and that’s where the Equal Rights Amendment comes in. It’s been 87 years since the ERA was first introduced to Congress, and yet our country and all of its citizens are at a standstill as we are three states shy of its ratification. What does it say about a country if they do not legally sanction the equality of every single one of its citizens? The United States of America, with a population of over 308 millions persons, only constitutionally grants the rights of equality to less than half of its population, the male population. It is absolutely appalling and shameful that this country and its Constitution continues to discriminate against and put all American women at a tremendous disadvantage by not guaranteeing their equality of rights on the basis of sex. Feminists and many others have long supported and struggled to overcome the opposition to speak for the addition of the ERA to the U.S. Constitution, providing equality to both men and women under law.
A Brief History of the ERA
The Equal Rights Amendment was first introduced as the Lucretia Mott Amendment in 1923 by Alice Paul at the celebration of the 75th anniversary of the 1848 Seneca Falls Convention. This original Amendment read as "Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction.” The amendment was introduced to Congress by Sen. Charles Curtis, future Vice President to Hoover, and Rep. Daniel R. Anthony, Susan B. Anthony’s nephew; it has been introduced into every Congressional session until it passed it in its reworded Equal Rights Amendment form on March 22, 1972. From there the proposed 27th Amendment went to the 50 states for ratification, and needed 38 states to officially become law. It only got 35 states, failing to meet its original seven-year deadline. Before the deadline passed, many advocates appealed to Congress for an extension. To support the extension, on July 9, 1978 in Washington, DC, NOW coordinated a successful march that brought in 100,000 supporters. Congress granted an extension until June 30, 1982 for the last three states. But by the time that Reagan was elected to office, the political tide of the country had become more conservative; the Republican Party removed its support for the amendment from its platform, and the U.S. was still unwilling to support the constitutional equality of women. No additional state, let alone the final required three states, has ratified the ERA in their state. The amendment has since been reintroduced in Congress ever since 1982. There are 15 states that have not yet ratified the Equal Rights Amendment: Alabama, Arizona, Arkansas, Florida, Georgia, Illinois, Louisiana, Mississippi, Missouri, Nevada, North Carolina, Oklahoma, South Carolina, Utah, and Virginia.
Opposition to the Equal Rights Amendment
Why would anyone want to oppose the passage of such a monumentally-profound amendment? Many are afraid that the ERA would allow women to serve in combat as men do. Women feared that they would lose protective labor laws that are in place. Pro-Lifers also do not support the ERA. Insurance providers oppose the ERA as they charge women up to 50% more than men in health insurance coverage. Opposition also come from those who fear that women would lose out on receiving alimony and custody over children in divorce cases. There is also ignorant fear that granting equality for everyone means equality for homosexuals, bisexuals, transgenders. Joan Jespersen, a staunch supporter of the ERA, believes that there are those who “are intent on not allowing any change. The ERA has little chance of passing with them around because they just feel that women don’t need any further rights.”
What the Equal Rights Amendment Means to Me
I am a woman. I am an American. I am a Filipina. I am a 30-year old mother of two toddler boys. I am a middle-class housewife. I am an event planner/small business owner. I am a student. I am a Catholic. I am a Democrat. I am pro-choice. I am a Feminist. I am a human being. This is how I identify myself. Everyone identifies themselves differently, and expects to have their identity respected. But as a woman, my identity and I as a human being are not constitutionally guaranteed equal rights.
It really angers me that I am a woman that resides in one of the states that has yet to ratify the Equal Rights Amendment into constitutional law. There is absolutely no excuse as to why Florida and its House of Representatives and Senate have not yet passed the ERA. In 2001, the ERA effort was renewed in Florida for the first time in 20 years! Even though there has been no forward progress in Florida since, the bill has been reintroduced (yet again) for the March-April 2010 Florida Legislative Sessions the (House Bill #HRC 8003 and Senate Bill #SRC 1192). Rep. Darren Soto (District 49) has been a co-sponsor of the bill since 2007. “(The Equal Rights Amendment is) a long time coming. The movement has been around since women’s suffrage. We don’t have (women’s rights in the 14th Amendment; sex isn’t in there and it should be. It’s a shame we still haven’t gotten women’s rights into the constitution.” And why hasn’t Florida ratified the ERA yet? Rep. Soto said “Unfortunately, we don’t see statewide agreement on this issue. It’s beyond me.”
What would the ratification of the ERA mean? It would mean women would have complete and equal rights to make any important decisions in our own lives. Women would have equal representation in elected office. We would have fair Social Security payouts and complete medical coverage, including reproductive health. We would have fair salaries and career advancement opportunities. Women would be protected from any type of violence. We would have fair and equal treatment by any of our country’s institutions (government, law, education, insurance, medicine, commerce, military, and banking.)
Now would this all be worth the ratification of the Equal Rights Amendment? What can you do to fight for the passage of the Equal Rights Amendment? Contact your local Representative or your state’s Senator. You can also contact the Florida House Speaker, Larry Cretul, and urge him to agenda a hearing for the ERA bill.
To me the ERA is one giant step towards and an answer to the question of when women will achieve equality. This amendment may not answer everyone’s questions or quench the long-awaited thirst for equality right away, but it will be a huge and monumental stepping stone on our paths to equality! Vote for, speak for, and encourage support of the Equal Rights Amendment.
