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What is the Equal Rights Amendment?

Published in Constitutional Amendment 3 mins read

The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that aims to establish gender equality under the law, ensuring that no legal rights are denied or abridged based on sex.

Understanding the Equal Rights Amendment

At its core, the Equal Rights Amendment is designed to guarantee 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." This pivotal statement seeks to provide a definitive constitutional foundation for legal parity between all genders, prohibiting discrimination based on sex within the legal framework of the nation.

Historical Roots and Purpose

The vision for the Equal Rights Amendment was first introduced in 1923 by prominent suffragist Alice Paul and the National Woman's Party. Following the successful campaign for women's suffrage, they advocated for this amendment as the next crucial step to eliminate legal distinctions between men and women across various aspects of life, including property rights, employment, and family law.

The primary purpose of the ERA is to make sex a prohibited basis for discrimination under the law, much like how race and religion are treated under existing constitutional protections. It aims to ensure that legal rights and responsibilities are applied uniformly, preventing a complex and inconsistent set of laws that might vary significantly from one state to another regarding gender equality.

Why is it Important?

The Equal Rights Amendment holds significant importance because it would embed gender equality directly into the highest law of the land, the U.S. Constitution. While various laws exist to address specific forms of sex discrimination, the ERA would offer a comprehensive and overarching legal framework. This could potentially strengthen existing protections, make it more challenging to rollback rights related to gender, and provide a clear legal basis for individuals to challenge discriminatory laws and practices in court.

Key Facts About the Equal Rights Amendment

To summarize, here are the fundamental details regarding the ERA:

Aspect Detail
Primary Goal To establish gender equality under the law for all citizens.
Core Wording "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex."
First Introduced 1923
Key Proponents Alice Paul, National Woman's Party
Purpose To provide a constitutional safeguard against legal discrimination based on sex, ensuring uniform rights nationwide.

For further details on the Equal Rights Amendment's history and its journey, reputable sources like the National Archives offer comprehensive information.