• Skip to primary navigation
  • Skip to main content
  • Skip to primary sidebar

Amazing Women In History

all the women the history books left out

  • About
  • Women In History
    • Activists
    • Artists
    • Inventors
    • Leaders & Rulers
    • Scientists
    • Teachers
    • Warriors & Soldiers
    • Writers
    • Women’s Achievements
    • Women Firsts
    • Women’s Rights
    • Women’s Suffrage
  • Books
  • Show Search
Hide Search

What Is the Equal Rights Amendment? The Century-Long Battle to Write Women into the Constitution

FacebookPinLinkedInEmail

The Equal Rights Amendment (ERA) is a proposed constitutional amendment designed to explicitly guarantee equal legal rights for all American citizens regardless of sex. While modern readers might view terms like “persons” or “citizens” in the original Constitution as gender-neutral, lawmakers and courts historically understood them as applying almost exclusively to men, leaving women without foundational legal protections. Though first introduced over a century ago, the recognition of the ERA as the 28th Amendment remains fiercely contested in American law today.

Who Created the ERA and Why?

Suffragist and women’s rights leader Alice Paul drafted the original Equal Rights Amendment in 1923, shortly after women won the right to vote. Paul recognized that voting was only a single step toward true independence, as women still faced overwhelming legal barriers in property ownership, employment, and marriage.

At the time, the ERA sparked intense debate even within the movement. Activists like labor pioneer Rose Schneiderman fought to protect hard-won labor laws that shielded female workers from dangerous factory conditions and forced overtime. Opponents feared an absolute equality amendment would wipe out these gender-specific protections, while Paul argued that special protections only reinforced women’s status as second-class citizens.

To understand the social rules of this era, read more about The Doctrine of Separate Spheres.

Alice Paul toasting with grape juice the passage of the Nineteenth Amendment August 26 1920

The 1970s Movement & Why It Was Put on Hold

Riding the wave of second-wave feminism, Congress officially passed the ERA in 1972 with massive bipartisan support and sent it to the states for ratification.

However, Congress attached a 7-year deadline requiring 38 states to ratify the amendment by 1979.

Anti-ERA campaigns quickly organized, warning that the amendment would eliminate male-only military drafts, jeopardize traditional stay-at-home mothers, and strip away gender-segregated spaces.

Mary Anning: Female Fossil Finder
Trending
Mary Anning: Female Fossil Finder

Momentum ground to a halt at 35 states (three short of the required total), causing the amendment to fall into legal limbo when the extended 1982 deadline expired.

For more on how earlier generations fought for legal recognition, explore Equal Under the Law: Married Women’s Property Acts in the United Kingdom and The Seneca Falls Convention: The Spark That Ignited the Suffrage Movement.

Where Does the ERA Stand Today?

In a historic revival, Nevada (2017), Illinois (2018), and Virginia (2020) voted to ratify the ERA decades later, finally reaching the 38-state milestone.

Despite hitting the requirement, the ERA remains stuck in court battles. Opposition groups argue that Congress’s original 1982 deadline expired, and five states have attempted to rescind their original ratifications.

Because of these disputes, the federal Archivist has not officially published the ERA in the Federal Register. Advocates and organizations like the American Bar Association continue fighting in federal court to recognize the ERA as the valid 28th Amendment to the Constitution.

Learn more about the vocabulary of equality in Suffragist vs Suffragette: What’s the Difference? or see how other movements made their mark in The Role of Women In the 1963 March on Washington.

Sources & References

  • Equal Rights Amendment (ERA) Coalition. “The History of the Equal Rights Amendment.”
  • National Women’s History Museum. “Alice Paul and the Fight for Equal Rights.”
  • U.S. National Archives and Records Administration. “Constitutional Amendment Process and the ERA.”
  • American Bar Association. “Resolution on the Equal Rights Amendment”.
Keri Lynn Engel

Keri is a blogger and digital marketing professional who founded Amazing Women In History in 2011.

kerilynnengel.com
  • Lady Mary Montagu, Brilliant Autodidact Aristocrat
    Lady Mary Montagu, Brilliant Autodidact Aristocrat
  • “Pleading the Belly”: Pregnancy & Execution
    “Pleading the Belly”: Pregnancy & Execution

FacebookPinLinkedInEmail

Thoughts:
No comments yet

Categories: Women's RightsTags: 20th century women, second wave feminists, suffragists, women activists in history

About Keri Lynn Engel

Keri is a blogger and digital marketing professional who founded Amazing Women In History in 2011.

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

Keep In Touch

  • Facebook
  • Substack
  • YouTube

Search

Article Categories

  • Activists
  • Artists
  • Athletes
  • Entrepreneurs
  • Inventors
  • Leaders & Rulers
  • Musicians
  • Other
  • Performers
  • Quotes by Women
  • Religious Leaders
  • Scientists
  • Suffragists
  • Teachers
  • Uncategorized
  • Warriors & Soldiers
  • Women Firsts
  • Women's Achievements
  • Women's Rights
  • Women's Suffrage
  • Writers

Tags

16th century women 17th century women 18th century women 19th century women 20th century women 21st century women african american women american indian women american women asian women autodidactic women black women british women canadian women chinese women civil war women english women european women french women indian women middle eastern women modern women mothers native american women princess queens suffragists victorian era women activists in history women actors women biologists women doctors women in civil rights women in medicine women in the military women lawyers women novelists women nurses women of the nobility women philosophers women pioneers in education women poets women politicians women scientists women writers

Footer

Keep In Touch

  • Facebook
  • Substack
  • YouTube
  • Home
  • About
  • Affiliate Disclosure
  • Women’s History Books
  • Submit a Guest Post
  • Contact