The media outlets of America have been swamped with news over the past few weeks. Kentucky elected a Democrat governor, Virginia gained a Democratic majority in their state legislature, public impeachment hearings in the house have officially begun, and more. But what might have slipped through your daily notifications is the comeback of the ERA.
What is the ERA you ask? Besides one of the largest legislative attempts made by early feminist movements, the Equal Rights Amendment demands to amend the constitution to explicitly include equity between genders, on all levels. Officially, the ERA states, “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” Simple, right? I mean, who could argue this (besides, Conservative white-male Republicans, of course). Yet, the ERA’s history has not been one without a fight.
The ERA was initially proposed by Alice Paul (does the 19th amendment ring a bell?) in 1923 and has been the only piece of legislation proposed by each legislation until 1971. Early on, it was not that either party was “anti-ERA,” but the Amendment was not significant to either party’s platform. Following the passage of the 19th Amendment, both political parties made concerted efforts to appeal to this new bloc of voters. Soon after, they saw that women were not turning up to the polls in the ways they had anticipated; only 1/3rd of eligible female voters went to the polls following 1919. This made the pursuit of women’s rights unappealing, and rather insignificant, to either political party.
The feminist leaders persisted, proposing the legislation year after year. It was in 1972 when the bill had made it passed both chambers of Congress – success! Well, not exactly. For an Amendment to be passed, it must go through both the House and the Senate, and then ratified by 3/4th of state legislatures. The Amendment was granted 7 years to reach this majority among states when simultaneously conservative feminism was on the rise.
The infamous Phyllis Schlafly was a force in conservative feminism, starting with her campaign titled anti-ERA. The Anti-ERA organization focused on rallying deep evangelical feelings cemented in regions across the country. She pushed back on claims that women were not equal in society, as well as tapping into fears that the ERA had the potential to draft women into the wars, equal to their male counterparts. In this context, the spillover anxiety from Vietnam instilled great fears into Americans, and the idea that women may be expected to serve alongside men was unimaginable. The cherry on top for Schlafly and her campaign was the victory from Roe V. Wade. What was a monumental step for women’s rights, became a rallying point for Schlafly and conservative women to mobilize their angered bases and continue their fight for conservatism using the ERA.
What appeared as success in 1972, led to the ERA’s ultimate downfall, failing to achieve the 3/4th majority is needed for the Amendment to pass. Since then, the ERA has been passed in most states, but its universal passage has not been achieved. Illinois and Nevada became the 36th and 37th state to pass, but one more state is needed, and some states have even tried to rescind their initial ratification.
So, why do we care about it in Virginia? Virginia’s most recent elections created a Democratic majority in the state legislature, who has vowed to bring the ERA back to the table to pass. There are a few caveats to this case. Virginia passing the ERA does not guarantee the ERA’s universal passing. And, since the initial 7-year period passed, it has been contested whether or not the process has to start over. But what we can bet on is that the ERA will be a priority for this legislature, and this indicates a likelihood that such a case, if challenged, will be sent to the Supreme Court. Furthermore, recognizing that the ERA is back, reminds us of an essential piece of legislation we need to pay attention to. Women are not guaranteed equality by the constitution, and albeit the ERA may not solve every issue women face, it demands that women and men are to be treated equally, as historically and currently this gender gap continues to persist.