On March 22, 1972, the United States Congress passed the Equal Rights Amendment (ERA), a proposed constitutional amendment designed to guarantee equal legal rights for all citizens regardless of sex. The ERA aimed to eliminate legal distinctions between men and women in areas such as employment, property rights, and divorce. Though it ultimately failed to achieve full ratification, its passage in Congress marked a significant milestone in the ongoing struggle for gender equality in the United States.
The Push for Equal Rights
The roots of the ERA trace back to the early 20th century, when women’s rights activists, led by suffragist Alice Paul, first introduced the amendment in 1923—just three years after women gained the right to vote. Advocates of the ERA sought to enshrine gender equality into the U.S. Constitution, arguing that legal protections based solely on sex were necessary to prevent discrimination. However, for decades, the amendment struggled to gain traction in Congress.
The women’s liberation movement of the 1960s and 1970s revived momentum for the ERA, as activists called for an end to systemic inequalities in the workplace, education, and society at large. Their efforts culminated in the ERA’s passage in the U.S. House of Representatives and Senate in 1972, sending it to the states for ratification.
A Fierce National Debate
Following its congressional approval, the ERA needed the ratification of 38 states to become law. Initially, momentum was strong, with 30 states ratifying the amendment within the first year. However, opposition soon mounted, led by conservative activist Phyllis Schlafly and other groups who argued that the ERA would dismantle traditional gender roles and strip women of legal protections, such as alimony and exemption from the military draft.
The debate over the ERA exposed deep divisions in American society. While supporters saw it as a necessary step toward full equality, opponents feared unintended consequences, such as the loss of laws designed to protect women in the workplace and family life. As the ratification deadline approached, progress stalled, and by 1982, the ERA fell three states short of the required 38.
The ERA’s Legacy and Ongoing Efforts
Despite failing to be ratified, the ERA left a lasting impact on the fight for gender equality in the United States. It helped bring issues of sex discrimination to the forefront of legal and political debates, influencing later legislation such as Title IX and the Pregnancy Discrimination Act. Many of the protections the ERA sought to establish have since been achieved through state laws and court rulings.
In recent years, there has been renewed interest in reviving the ERA. Nevada, Illinois, and Virginia ratified the amendment between 2017 and 2020, reigniting discussions over whether the ERA can still be adopted despite missing the original deadline. Advocates continue to push for its recognition, arguing that constitutional equality remains a vital goal.
The passage of the Equal Rights Amendment by Congress in 1972 was a landmark moment in American history, symbolizing the progress made in the fight for gender equality. While it remains unratified, the ERA’s legacy endures, reminding the nation that the pursuit of equal rights under the law is an ongoing struggle that requires continued advocacy and commitment.