Why Did the Equal Rights Amendment (ERA) Fail?

The Equal Rights Amendment (ERA) ratification faced significant hurdles despite initial momentum. Are you wondering why this amendment, designed to guarantee equal rights for women, encountered such strong opposition and ultimately failed to meet its deadlines? At WHY.EDU.VN, we delve into the multifaceted reasons behind the ERA’s stalled progress, exploring the political, social, and legal factors that contributed to its predicament. Discover comprehensive answers and gain deeper insights into the complexities surrounding gender equality with WHY.EDU.VN. Explore related topics like women’s rights, constitutional amendments, and gender discrimination for a more complete understanding.

1. What Was the Equal Rights Amendment (ERA)?

The Equal Rights Amendment (ERA) was a proposed amendment to the United States Constitution designed to guarantee equal rights for all American citizens regardless of sex. First introduced in 1923 by Alice Paul and Crystal Eastman, prominent figures in the women’s suffrage movement, the ERA aimed to eliminate legal and systemic discrimination against women. The core principle was to ensure that women had the same rights and protections under the law as men.

The version of the ERA approved by Congress in 1972 stated: “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” This simple yet powerful statement sought to provide a constitutional basis for challenging discriminatory laws and practices. The ERA was intended to address various forms of gender inequality, including wage disparities, employment discrimination, and unequal access to education and opportunities.

For decades, the ERA was reintroduced in Congress but failed to gain significant traction. It wasn’t until the resurgence of the women’s rights movement in the 1970s that the ERA gained substantial momentum. In March 1972, the amendment passed both houses of Congress with bipartisan support and was sent to the states for ratification with a seven-year deadline.

2. Initial Support and Momentum of ERA

Following its passage by Congress in 1972, the Equal Rights Amendment (ERA) experienced a surge of initial support, with 30 of the required 38 states ratifying the amendment within the first year. This rapid progress indicated widespread bipartisan agreement on the need to enshrine gender equality in the Constitution.

Several factors contributed to this early momentum:

• Growing Women’s Rights Movement: The 1960s and 1970s saw a significant rise in feminist activism, pushing for equal rights and opportunities for women in all aspects of life.
• Bipartisan Support: Both Democrats and Republicans initially supported the ERA, recognizing the importance of addressing gender discrimination.
• Changing Social Attitudes: Increasing awareness of gender inequality led to a shift in public opinion, with more Americans supporting the idea of constitutional protection for women’s rights.

The ERA was seen as a logical extension of the civil rights movement, aiming to eliminate legal and systemic barriers that prevented women from achieving full equality. This widespread support created a sense of optimism that the ERA would soon become the 27th Amendment to the Constitution.

3. The Rise of Opposition to ERA

Despite its initial momentum, the Equal Rights Amendment (ERA) faced significant opposition that ultimately stalled its ratification. Several factors contributed to the rise of this opposition:

• Conservative Activism: Conservative groups, led by figures like Phyllis Schlafly, organized campaigns to stop the ERA, arguing that it would undermine traditional family values and lead to negative consequences such as gender-neutral bathrooms and women in military combat.
• Religious Right: The emerging religious right opposed the ERA based on their interpretation of religious texts and beliefs about gender roles, arguing that it would disrupt the natural order and harm society.
• Fears about Social Change: Opponents raised concerns that the ERA would lead to radical social changes, including same-sex marriage and the erosion of traditional gender roles.
• Economic Concerns: Some opponents feared that the ERA would negatively impact the economy by requiring equal pay and benefits for women, which they believed would be too costly for businesses.

The opposition campaign was effective in mobilizing grassroots support and swaying public opinion, particularly among Republicans. This led to a slowdown in state ratifications and ultimately contributed to the ERA’s failure to meet its deadlines.

4. Phyllis Schlafly and the STOP ERA Campaign

Phyllis Schlafly, a conservative lawyer and activist from Illinois, played a pivotal role in the opposition to the Equal Rights Amendment (ERA) through her leadership of the STOP ERA campaign. Schlafly’s campaign was highly effective in mobilizing grassroots support and swaying public opinion against the ERA.

Schlafly argued that the ERA would have negative consequences for women and families, including:

• Loss of Traditional Protections: She claimed that the ERA would eliminate legal protections for women, such as alimony and custody rights in divorce cases.
• Gender-Neutral Bathrooms: Schlafly warned that the ERA would lead to gender-neutral bathrooms, which she argued would threaten women’s safety and privacy.
• Women in Military Combat: She opposed the idea of women serving in combat roles, arguing that it would undermine military readiness and put women at risk.
• Same-Sex Marriage: Schlafly claimed that the ERA would pave the way for same-sex marriage, which she opposed based on her traditional values.

Schlafly’s STOP ERA campaign was successful in framing the ERA as a threat to traditional family values and mobilizing conservative voters to oppose its ratification. Her arguments resonated with many Americans who were concerned about the rapid social changes taking place in the 1970s.

5. Erosion of Republican Support for ERA

The Equal Rights Amendment (ERA) initially enjoyed bipartisan support, but as opposition grew, Republican support began to erode. This shift was influenced by several factors:

• Conservative Shift in the Republican Party: The rise of the New Right and the conservative movement within the Republican Party led to a greater emphasis on traditional values and a skepticism towards government intervention in social issues.
• Influence of Phyllis Schlafly: Schlafly’s STOP ERA campaign successfully mobilized Republican voters against the ERA, framing it as a threat to traditional family values.
• Political Polarization: As the ERA became more controversial, it became increasingly difficult for Republican politicians to support it without alienating their conservative base.
• Economic Concerns: Some Republicans expressed concerns that the ERA would negatively impact the economy by requiring equal pay and benefits for women.

The erosion of Republican support for the ERA was a significant blow to its chances of ratification, as it became increasingly difficult to gain the necessary support in state legislatures. This shift reflected a broader trend of political polarization and the growing influence of conservative ideology within the Republican Party.

6. Ratification Deadline and Extension

When Congress approved the Equal Rights Amendment (ERA) in 1972, it set a seven-year deadline for ratification by the states. This deadline was intended to ensure that the amendment would be considered in a timely manner and not languish indefinitely.

As the initial deadline approached in 1979, it became clear that the ERA would not be ratified by the required 38 states. In response, Congress voted to extend the ratification deadline by an additional three years, hoping to give supporters more time to gain the necessary support.

However, the extension proved insufficient, as no new states ratified the ERA during the extended period. By 1982, when the extended deadline expired, the ERA had only been ratified by 35 states, three short of the required number.

The failure to meet the ratification deadline was a major setback for the ERA, as it raised questions about the amendment’s validity and whether it could still be ratified. This procedural hurdle further complicated the ERA’s path to becoming part of the Constitution.

7. State Rescissions of ERA Support

Adding to the challenges faced by the Equal Rights Amendment (ERA), five states—Nebraska, Tennessee, Idaho, Kentucky, and South Dakota—voted to rescind their earlier support for the amendment. These rescissions raised significant legal and constitutional questions about whether a state could revoke its ratification of a constitutional amendment.

The legality of state rescissions is a complex and unsettled issue. Proponents of the ERA argued that once a state has ratified an amendment, its decision is final and cannot be reversed. They pointed to historical precedent, such as the ratification of the 14th and 15th Amendments, where Congress ignored state rescissions.

However, opponents of the ERA argued that states have the right to change their minds and that rescissions should be recognized. They cited a 1980 federal district court ruling in Idaho that upheld the state’s rescission of the ERA.

The legal uncertainty surrounding state rescissions further complicated the ERA’s path to ratification and raised questions about the validity of the amendment even if it were to reach the required 38 state ratifications.

8. Ruth Bader Ginsburg and the 14th Amendment

While the Equal Rights Amendment (ERA) faced numerous obstacles, the fight for gender equality continued through other legal avenues. Ruth Bader Ginsburg, as the founding director of the ACLU Women’s Rights Project, played a crucial role in advancing women’s rights through litigation based on the 14th Amendment’s Equal Protection Clause.

Ginsburg strategically argued cases before the Supreme Court, challenging discriminatory laws and practices on the grounds that they violated the Equal Protection Clause. She successfully persuaded the Court to recognize that gender discrimination was a form of discrimination that violated the Constitution.

Through her legal advocacy, Ginsburg established a jurisprudence of gender equality under the 14th Amendment, achieving many of the goals that the ERA was intended to accomplish. Her work demonstrated that significant progress could be made in advancing women’s rights even without the ERA.

Ginsburg’s legacy continues to inspire legal scholars and activists who seek to use the 14th Amendment to challenge gender discrimination and promote equality.

9. Lingering Gender Discrimination Despite Progress

Despite the legal and social progress made in advancing women’s rights, pervasive gender discrimination persists in various forms, including:

• Wage Disparities: Women continue to earn less than men for doing the same work, with studies showing that women earn approximately 82 cents for every dollar earned by men.
• Sexual Harassment and Violence: Sexual harassment and violence against women remain widespread, both in the workplace and in other settings.
• Unequal Representation: Women are underrepresented in positions of power and leadership, including in politics, business, and academia.
• Discrimination in Employment: Women often face discrimination in hiring, promotion, and job assignments due to gender stereotypes and biases.

These lingering forms of gender discrimination highlight the need for continued efforts to promote equality and ensure that women have the same opportunities as men. The ERA, if ratified, could provide a stronger legal basis for challenging these discriminatory practices and advancing gender equality.

10. Renewed Interest in the ERA Today

In recent years, there has been a resurgence of interest in the Equal Rights Amendment (ERA), driven by several factors:

• Women’s Activism: The Women’s March on Washington, the #MeToo movement, and the increased number of women elected to political office have all contributed to a renewed focus on issues of gender equality.
• Advocacy Organizations: Organizations like the ERA Coalition have been working to raise awareness and advocate for the ERA’s ratification.
• State Ratifications: Nevada in 2017 and Illinois in 2018 ratified the ERA, generating renewed momentum and attention to the issue.
• Political Climate: The current political climate, with heightened awareness of gender inequality and a growing demand for social justice, has created a more favorable environment for the ERA.

This renewed interest in the ERA reflects a growing recognition that gender equality is an unfinished project and that constitutional protection is needed to ensure that women have the same rights and opportunities as men.

11. Key Legal Challenges to ERA Ratification

Despite the renewed interest and recent state ratifications, significant legal challenges remain in the path of the Equal Rights Amendment (ERA):

• Lapsed Deadline: The original deadline set by Congress for ratification has long expired, raising questions about whether the ERA can still be ratified.
• State Rescissions: Five states have rescinded their earlier support for the ERA, creating legal uncertainty about whether these rescissions are valid.
• Justice Department Opinion: The Justice Department’s Office of Legal Counsel (OLC) issued an opinion arguing that the deadline set by Congress is binding and that the ERA is no longer pending before the states.
• Archivist’s Decision: The Archivist of the United States has stated that he will not certify Virginia’s ratification or add the ERA to the Constitution until a federal court issues an order.

These legal challenges raise complex constitutional questions that may ultimately need to be resolved by the courts or Congress. The outcome of these legal battles will determine whether the ERA can become the 28th Amendment to the Constitution.

12. Congress and the ERA Deadline

One of the central legal questions surrounding the Equal Rights Amendment (ERA) is whether Congress has the authority to waive the lapsed deadline for ratification. ERA supporters argue that just as Congress had the power to set a deadline, it also has the power to lift it.

Senate Joint Resolution 6, a bipartisan measure sponsored by Sens. Ben Cardin (D-MD) and Lisa Murkowski (R-AK), seeks to do just that. This resolution would remove the deadline and allow the ERA to be ratified even after the original deadline has passed.

However, there is no clear legal precedent for waiving a ratification deadline after it has expired. Opponents of the ERA argue that the deadline is binding and that Congress cannot retroactively change the rules.

The question of whether Congress can waive the ERA deadline is likely to be a key issue in any legal challenges to the amendment’s ratification.

13. State Rescissions and Their Validity

The validity of state rescissions of support for the Equal Rights Amendment (ERA) is another key legal issue. As mentioned earlier, five states have voted to rescind their earlier ratifications of the ERA.

Proponents of the ERA argue that once a state has ratified a constitutional amendment, its decision is final and cannot be reversed. They point to historical precedent, such as the ratification of the 14th and 15th Amendments, where Congress ignored state rescissions.

Opponents of the ERA argue that states have the right to change their minds and that rescissions should be recognized. They cite a 1980 federal district court ruling in Idaho that upheld the state’s rescission of the ERA.

The legal uncertainty surrounding state rescissions further complicates the ERA’s path to ratification and raises questions about the validity of the amendment even if it were to reach the required 38 state ratifications.

14. The Archivist’s Role in Certifying Amendments

Under a 1984 law, the Archivist of the United States is responsible for issuing a formal certification after three-quarters of the states have ratified an amendment. This certification is a crucial step in the process of adding an amendment to the Constitution.

However, when there is doubt about the validity of an amendment, Congress has the power to declare it valid, as it did in 1992 when the states ratified the 27th Amendment, 203 years after Congress proposed it.

In the case of the ERA, the Archivist has stated that he will not certify Virginia’s ratification or add the ERA to the Constitution until a federal court issues an order. This decision reflects the legal uncertainty surrounding the ERA and the need for a resolution of the outstanding legal challenges.

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15. The Role of the Courts in the ERA Debate

The courts are likely to play a significant role in resolving the legal disputes surrounding the Equal Rights Amendment (ERA). Several legal challenges have already been filed, and more are expected.

In a 1939 case, the Supreme Court ruled that the question of whether an amendment has been ratified in a reasonable period of time is a “political question” best left in the hands of Congress, not the courts. However, it is unclear whether the courts would continue to honor that precedent in the case of the ERA, given the unique circumstances and the significant legal questions involved.

The courts may be asked to rule on the validity of state rescissions, the authority of Congress to waive the deadline, and the overall constitutionality of the ERA’s ratification process. The outcome of these legal challenges will have a profound impact on the future of the ERA and the fight for gender equality.

16. Public Support for the ERA

Despite the legal and political challenges, public support for the Equal Rights Amendment (ERA) remains strong. Recent polls show that a significant majority of Americans support the ERA and believe that it should be added to the Constitution.

This widespread public support reflects a growing recognition that gender equality is an important value and that constitutional protection is needed to ensure that women have the same rights and opportunities as men.

However, public support alone is not enough to overcome the legal and political obstacles that stand in the way of the ERA’s ratification. Continued advocacy and legal action are needed to ensure that the ERA can become a reality.

17. Future of the ERA

The future of the Equal Rights Amendment (ERA) remains uncertain. The legal challenges and political obstacles are significant, but the renewed interest and strong public support offer hope for the ERA’s eventual ratification.

Several possible scenarios could unfold:

• Congress waives the deadline and the courts uphold the ERA’s ratification. This would pave the way for the ERA to become the 28th Amendment to the Constitution.
• The courts rule against the ERA, upholding the deadline and/or recognizing state rescissions. This would likely end the current effort to ratify the ERA.
• Congress starts the amendment process anew. This would involve drafting a new version of the ERA and sending it to the states for ratification.

Regardless of the outcome, the debate over the ERA has raised important questions about gender equality, constitutional law, and the role of social movements in shaping American society.

18. The ERA and Contemporary Issues

The Equal Rights Amendment (ERA) remains relevant to contemporary issues facing women today. Proponents argue that the ERA could provide a stronger legal basis for addressing issues such as:

• Pay Equity: The ERA could help to close the gender wage gap by providing a constitutional basis for equal pay laws.
• Pregnancy Discrimination: The ERA could protect women from discrimination based on pregnancy and related conditions.
• Sexual Harassment and Violence: The ERA could provide a stronger legal framework for addressing sexual harassment and violence against women.
• Reproductive Rights: The ERA could help to protect women’s reproductive rights by ensuring that they have equal control over their bodies.

By providing a clear constitutional guarantee of gender equality, the ERA could help to advance women’s rights and address the persistent forms of discrimination that women continue to face.

19. Global Perspective on Gender Equality

The struggle for gender equality is not limited to the United States. Many countries around the world have constitutional provisions or laws that guarantee gender equality.

However, even in countries with strong legal protections, gender inequality persists in various forms. Issues such as wage disparities, violence against women, and unequal representation in politics and business remain challenges in many parts of the world.

The ERA can be seen as part of a global movement to promote gender equality and ensure that women have the same rights and opportunities as men, regardless of their nationality or cultural background.

20. Lessons Learned from the ERA Struggle

The struggle for the Equal Rights Amendment (ERA) offers several important lessons about the challenges of achieving social and legal change:

• Opposition is inevitable: Any effort to challenge the status quo will likely face opposition from those who benefit from the existing system.
• Grassroots organizing is essential: Mobilizing grassroots support is crucial for overcoming opposition and building momentum for change.
• Political polarization can be a major obstacle: Political polarization can make it difficult to build bipartisan support for social and legal reforms.
• Legal challenges are complex and uncertain: Legal battles can be lengthy and unpredictable, and the outcome is never guaranteed.
• Persistence is key: Achieving social and legal change often requires persistence and a willingness to continue fighting even in the face of setbacks.

The ERA struggle serves as a reminder that the fight for equality is an ongoing process that requires sustained effort and commitment.

The reasons why did the era fail are complex and multifaceted, involving political opposition, legal challenges, and social factors. Despite these challenges, the struggle for gender equality continues, and the ERA remains a symbol of the ongoing fight for women’s rights.

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FAQ about the Equal Rights Amendment (ERA)

1. What is the main goal of the Equal Rights Amendment (ERA)?
   The ERA aims to guarantee equal rights for all American citizens regardless of sex, eliminating legal and systemic discrimination against women.

2. Who first introduced the ERA in the United States?
   Alice Paul and Crystal Eastman, prominent figures in the women’s suffrage movement, first introduced the ERA in 1923.

3. What were some of the arguments made by Phyllis Schlafly against the ERA?
   Schlafly argued that the ERA would undermine traditional family values, lead to gender-neutral bathrooms, and force women into military combat roles.

4. How many states needed to ratify the ERA for it to become part of the Constitution?
   At least 38 states needed to ratify the ERA within the given deadline for it to become an amendment to the Constitution.

5. Why was the original ratification deadline for the ERA extended by Congress?
   The deadline was extended because the ERA did not receive enough state ratifications by the initial deadline, and supporters sought more time to gain additional support.

6. Can a state rescind its ratification of a constitutional amendment, according to legal scholars?
   The legality of state rescissions is debated among legal scholars, with some arguing that once a state ratifies, the decision is final, while others claim states have the right to change their minds.

7. What role did Ruth Bader Ginsburg play in advancing women’s rights without the ERA?
   Ginsburg strategically used the 14th Amendment’s Equal Protection Clause to challenge discriminatory laws, establishing a jurisprudence of gender equality.

8. What are some examples of lingering gender discrimination issues despite progress in women’s rights?
   Wage disparities, sexual harassment and violence, and unequal representation in leadership positions are examples of persistent gender discrimination.

9. What is Senate Joint Resolution 6 and what does it aim to achieve regarding the ERA?
   Senate Joint Resolution 6 is a bipartisan measure that aims to remove the ratification deadline for the ERA, allowing it to be ratified even after the original deadline has passed.

10. How does the Archivist of the United States play a role in the ERA ratification process?
    The Archivist is responsible for issuing a formal certification after three-quarters of the states have ratified an amendment, although this decision has been complicated by legal challenges to the ERA.