Assessing the Success of the Equal Rights Amendment- A Comprehensive Analysis
Was the Equal Rights Amendment Successful?
The Equal Rights Amendment (ERA) was one of the most significant pieces of legislation proposed in the United States during the 20th century. Ratified by Congress in 1972, the ERA aimed to guarantee equal legal rights for all American citizens regardless of sex. However, despite its noble intentions, the amendment fell short of achieving its ultimate goal. This article will explore the reasons behind the ERA’s failure and whether it can be considered successful in the broader context of women’s rights and gender equality.
The ERA was born out of the women’s rights movement that gained momentum in the 1960s and 1970s. Its proponents argued that the 14th Amendment, which guarantees equal protection under the law, did not explicitly mention sex, leaving women vulnerable to discrimination. The ERA was designed to rectify this by stating, “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” The amendment needed to be ratified by three-fourths of the states to become part of the Constitution.
Despite the widespread support for the ERA, it faced numerous challenges in the ratification process. Some states were reluctant to ratify the amendment due to concerns about its potential impact on issues like abortion, military conscription, and women’s roles in society. By 1982, only 35 states had ratified the ERA, falling three short of the required 38. The amendment expired on June 30, 1982, leaving many to question its success.
On one hand, the ERA can be considered successful in terms of raising awareness and sparking a national conversation about gender equality. The amendment’s ratification process brought the issue of women’s rights to the forefront of public discourse, leading to increased activism and legislative efforts to promote equality. For example, the ERA inspired the passage of numerous state-level equal rights laws and the establishment of organizations dedicated to women’s rights.
On the other hand, the ERA’s failure to become part of the Constitution is a significant setback for the cause of gender equality. The amendment’s expiration means that it never had the full force of the Constitution behind it, making it more challenging to enforce and protect women’s rights. This gap in legal protection has had real-world consequences, as women continue to face discrimination in various aspects of their lives, including employment, education, and healthcare.
In conclusion, while the Equal Rights Amendment may not have achieved its ultimate goal of becoming part of the Constitution, it can be seen as partially successful in promoting the cause of gender equality. The amendment’s ratification process raised awareness about women’s rights and led to important legislative and organizational advancements. However, the ERA’s expiration highlights the ongoing need for strong legal protections to ensure true equality for all Americans, regardless of their sex.
