The Equal Rights Act (ERA) has been a subject of considerable discussion in the United States for many years. It is a proposed amendment to the U.S. Constitution aimed at guaranteeing equal rights for all citizens, regardless of sex. The movement for the Equal Rights Amendment started in the early 20th century, but the actual passage and recognition of the ERA have been a complicated and lengthy process. Understanding the ERA’s history is essential in appreciating how far the United States has come in the fight for gender equality, as well as how much further there is to go.
In this article, we will delve into the question, “When was the Equal Rights Act passed?”, providing clarity on its historical significance and the timeline of events leading to its current status. We’ll also explore the key figures, debates, and milestones in the journey of the ERA.
What Is The Equal Rights Amendment (ERA)?
Before we dive into when the ERA was passed, it’s crucial to understand what it is. The Equal Rights Amendment is a proposed amendment to the U.S. Constitution. Its primary aim is to ensure that equality of rights under the law is not denied or abridged by the United States or by any state on account of sex.
The ERA was first introduced by suffragist Alice Paul in 1923. She argued that the U.S. Constitution was not adequate in guaranteeing full equality for women. At the time, the Constitution only granted rights to men, and women did not have the same legal protections as men in many areas.
When Was the Equal Rights Act Passed?
The core question is, when was the Equal Rights Act passed?
The answer is that the Equal Rights Amendment has not been fully passed and ratified as law in the United States, even though it has seen significant attempts and progress. The ERA was initially passed by the U.S. Congress in 1972. However, it still needs to be ratified by three-fourths of the states (38 states) to become an official part of the Constitution.
So, while Congress passed the ERA in 1972, it has not yet achieved the full constitutional status it was intended to have. This has led to decades of advocacy, debates, and changes in the political landscape surrounding the ERA.
The Initial Passage of the ERA in 1972
On March 22, 1972, the U.S. Congress passed the Equal Rights Amendment with overwhelming support. The amendment was intended to provide constitutional protection against discrimination based on sex. The passage in Congress marked a significant victory for women’s rights activists who had been fighting for equality under the law for decades.
The Ratification Process and Roadblocks
Once the amendment passed Congress, it had to be ratified by 38 states to become law. Initially, there was strong momentum, and by 1977, 35 states had ratified the amendment. However, the process slowed down significantly after that. Some states withdrew their ratification, and opposition to the ERA began to build. A key figure in the opposition was Phyllis Schlafly, who argued that the ERA would harm women by eliminating legal distinctions that she believed were important for women’s safety and societal roles.
The Deadline Controversy
The ERA had a deadline set for ratification, which was initially set for 1979, later extended to 1982. Despite the extension, the amendment fell short of the necessary 38 states by the deadline. As a result, the ERA was not formally added to the Constitution.
However, the story didn’t end there. The issue remained alive in politics, and the ERA saw renewed efforts in the 21st century.
The Modern-Day Push
In recent years, there has been a renewed push for the ratification of the ERA. Some states, such as Nevada, Illinois, and Virginia, have ratified the ERA after the 1982 deadline, which has led some advocates to argue that the amendment should be recognized as valid and become part of the Constitution. These states have helped reignite the conversation about gender equality in the United States.
In 2020, Virginia became the 38th state to ratify the ERA, which would have met the threshold for full ratification. However, questions remain about whether the extension and withdrawal of ratifications over the years can still be considered valid and legally binding.
Historical Context: Why Was the ERA Important?
The Equal Rights Amendment has been an essential part of the history of gender equality in the United States. The need for the ERA became particularly evident in the 1920s, as women gained the right to vote. However, while the 19th Amendment allowed women to vote, it did not guarantee women the same rights as men in all legal matters. Women still faced legal discrimination in areas like employment, property rights, and family law.
The 1930s and 1940s saw further efforts to push for gender equality, but it wasn’t until the 1960s and 1970s that the movement gained more traction. During this period, women’s rights groups, including the National Organization for Women (NOW), mobilized to get the Equal Rights Amendment passed in Congress.
The ERA was seen as a necessary step for ensuring that women’s rights would be recognized at the highest level of U.S. law, offering protection from discrimination in the same way that laws protect against racial discrimination.
The Political Debate Over the ERA
The ERA has always been a subject of intense debate. The supporters of the ERA argue that it is essential for ensuring that the law recognizes men and women as equal citizens. They believe that the ERA would ensure full protection from discrimination and enhance women’s rights in areas like employment, reproductive rights, and family law.
On the other hand, opponents of the ERA argue that the amendment would disrupt long-established legal distinctions, such as those for military service, alimony, and maternity leave. They claim that women should not be forced to give up these protections, which they argue were designed specifically to provide benefits for women.
The debate over the ERA has shifted over time, from the 1970s and 1980s when the opposition was primarily focused on perceived risks for traditional gender roles, to more modern debates focused on gender equality in the workplace, reproductive rights, and the evolving understanding of gender in contemporary society.
The ERA’s Impact on Gender Equality in the United States
While the Equal Rights Amendment has not yet been fully ratified, the debate surrounding it has had a significant impact on gender equality in the United States. Over the years, many legal victories and societal changes have advanced women’s rights, even without the ERA’s full passage. The Civil Rights Act of 1964, Title IX in education, and other significant legal steps have provided women with greater rights and protections.
However, many advocates argue that full constitutional equality for women would still be a groundbreaking achievement. The ERA, if passed, would ensure that gender equality is permanently embedded in the Constitution, giving it a higher level of legal authority.
In conclusion, the Equal Rights Amendment was passed by Congress in 1972, but it has not yet been fully ratified by the necessary states to become law. While the ERA has had a profound impact on the national conversation about gender equality, it has faced significant hurdles in its path to full ratification.
The history of the Equal Rights Amendment reflects both the progress and challenges in the fight for gender equality. As the debate continues, the ERA remains an important symbol of the ongoing efforts to achieve true equality for all citizens, regardless of sex.
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