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The Equal Rights Amendment's surprise comeback, explained


From: "Dave Farber" <farber () gmail com>
Date: Fri, 1 Jun 2018 11:33:01 -0400




Begin forwarded message:

From: Dewayne Hendricks <dewayne () warpspeed com>
Date: June 1, 2018 at 10:41:21 AM EDT
To: Multiple recipients of Dewayne-Net <dewayne-net () warpspeed com>
Subject: [Dewayne-Net] The Equal Rights Amendment's surprise comeback, explained
Reply-To: dewayne-net () warpspeed com

The Equal Rights Amendment’s surprise comeback, explained
If one more state ratifies the Equal Rights Amendment, it could make it into the Constitution — maybe.
By Emily Stewart
May 31 2018
<https://www.vox.com/policy-and-politics/2018/5/31/17414630/equal-rights-amendment-metoo-illinois>

It’s taken 45 years for 37 states to ratify the Equal Rights Amendment, with Illinois’s vote on Wednesday to do so 
leaving it one short of the 38 states needed to enshrine a formal amendment in the US Constitution.

But there’s a legal debate raging about whether the deadline to ratify the amendment guaranteeing equal rights to 
women passed decades ago or if there’s a possible legal workaround.

Still, an unclear future is the brightest prospect for the amendment in decades. The amendment, which guarantees that 
“equality of rights under the law shall not be denied or abridged by the United States or by any state on account of 
sex,” passed Congress on a bipartisan basis in 1972, became a culture war battleground, and then, until last year, 
lay dormant, presumed to be a lost cause.

Its revival comes in the midst of the #MeToo movement, the Women’s March, and a moment of a sort of reawakening of 
feminism and women’s activism in America. Women are running for office at record rates in 2018, and Donald Trump’s 
victory — and Hillary Clinton’s loss — in 2016 has spurred a new wave of women finding their voices and insisting on 
equality. That’s translated not just to new causes but to the revival of old ones: For decades, Indiana, which 
ratified the amendment in 1977, was the 35th and last state to sign on. Then last year, Nevada became the 36th.

The Equal Rights Amendment had a lot of momentum behind it in the 1970s, and then it just sort of petered out

The Equal Rights Amendment dates back to the 1920s and came about after the 19th Amendment, which gave women the 
right to vote. It was first introduced by suffragist leader Alice Paul in 1923, and it has three simple parts:

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.

The amendment gained momentum in the 1960s and ’70s, culminating with passage in the US Senate and the House of 
Representatives in 1972, which put it on track to become what would have been the 27th Amendment of the Constitution. 
It was sent to the states for ratification and put on a seven-year deadline.

Support was, initially, bipartisan and broad. In the first year after the amendment was passed, 22 states ratified 
it. 

But opposition began to organize, led by anti-feminist conservative leader Phyllis Schlafly, who argued the ERA would 
erase legal differences between men and women and would lead to an America where men wouldn’t be required to support 
their wives, anyone could walk into any bathroom, women could be drafted, and same-sex marriage would be legalized. 
Schlafly died in 2016 at the age of 92.

“Since the women are the ones who bear the babies, and there’s nothing we can do about that, our laws and customs 
then make it the financial obligation of the husband to provide the support,” Schlafly said in 1973. “It is his 
obligation and his sole obligation. And this is exactly and precisely what we will lose if the Equal Rights Amendment 
is passed.”

Schlafly’s line of attack caught on, as did others — that the ERA’s passage would expand abortion rights, that it 
would infringe on states’ rights, that it would be costly to businesses. Indiana became the 35th state to ratify the 
ERA in 1977. Then its momentum stalled.

[snip]

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