1
|
1310 L St. NW, Suite 1000, Washington, DC 20005
|
202.785.7700
|
www.aauw.org
|
advocacy@aauw.org
|
@aauw
QUICK FACTS
To guarantee equality, individual rights, and social justice for a diverse and inclusive society,
AAUW advocates the passage and ratication of the Equal Rights Amendment.
Equal Rights Amendment January 2022
The majority of Americans mistakenly believe that women
and men have equal rights under the Constitution. The 14th
Amendment of the Constitution explicitly states that men
are guaranteed equality under law but is poignantly silent
about women. The advancement of women’s equality
continues incrementally through patchwork legislation and
court decisions, but women’s equality under law remains
illusory as these laws can be changed or even revoked
at the whim of legislators and judges. The Equal Rights
Amendment (ERA) would provide, once and for all, the
constitutional guarantee that all men and women are truly
equal under the law and that these rights cannot easily be
abridged.
AAUW in Action
All public policy actions take direction from the AAUW Pub-
lic Policy Priorities, voted on by members every two years.
AAUW is a nonpartisan organization—but nonpartisan does
not mean “non-political”. Since its rst meeting in 1881,
AAUW has been a catalyst for change. Together, through
our coordinated and strategic advocacy, we’ve enacted
invaluable legislation at the federal, state, and local levels.
The 2021-2023 Public Policy Priorities directly call for the
passage and ratication of the ERA.
The public policy team engages in many efforts on this key
issue, including but not limited to:
¡ Working in coalition with other gender equity and civil rights
organizations, including the ERA Coalition.
¡ Mobilizing AAUW advocates and members through targeted
calls to action on important legislation, like H.J. Res. 17/S.J.
Res. 1 which would remove the deadline for ratication of
the ERA.
¡ Joining timely amicus briefs to assist the courts in coming
to informed decisions about the ERA.
¡ Engaging directly with elected leaders and the public
through calls, letters to political oces, and comments and
testimony in hearings.
¡ Providing voter education resources on key equity issues to
consider during elections and offering information on how
elected ocials have voted in the past (more about this and
Get Out the Vote guides at the AAUW Action Fund).
What It Says
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 ratication.
Why We Need the ERA
The progress our country has made on gender equali-
ty through the courts and patchwork legislation can be
reversed. Sex discrimination does not have the same legal
protection as other constitutional classes, such as race,
religion, or nationality. This constitutional double standard
means that hard-won legislative and court victories against
sex discrimination are not permanent—and can be rolled
back or dicult to enforce.
The lack of constitutional equality reaches every aspect
of women’s lives. The ERA would clarify, once and for all,
that sex discrimination in employment and wages, repro-
ductive rights, insurance, Social Security, education, and
more is a violation of constitutional rights. Importantly, the
ERA would also provide new opportunities to seek legal
recourse when an individual faces sex discrimination and
would place the burden of proof on those who discriminate
instead of those ghting for equality.
2
|
1310 L St. NW, Suite 1000, Washington, DC 20005
|
202.785.7700
|
www.aauw.org
|
advocacy@aauw.org
|
@aauw
The Equal Rights Amendment
in Congress
The ERA was rst introduced in Congress in 1923 and was
reintroduced every year until its passage in 1972. The pro-
posed constitutional amendment required ratication by
three-fourths of all states. Congress gave state legislatures
until 1979 to ratify the amendment, later extended to 1982.
By the time the nal ratication deadline passed in 1982,
35 states had ratied the ERA, just three states short of the
requirement.
Decades later in 2017, Nevada became the 36th state to ratify
the ERA, followed by Illinois as the 37th state a year later. In
early 2020, Virginia became the 38th and nal state needed to
meet the three-fourths ratication requirement. However, the
ERA continues to face challenges surrounding its adoption
as the 28th amendment to the Constitution. A joint resolution
(H.J. Res. 17/S.J. Res. 1) to remove the 1982 deadline for
ratication of the ERA, and allow Nevada, Illinois, and Virginia
to count towards ratication, was introduced in the 117th
Congress. In March 2021, the House of Representatives voted
with bipartisan support to pass the resolution, which now
requires passage in the Senate. Urge your Senators to support
the ratication of the ERA here.
Members of Congress have also introduced resolutions,
including H.J. Res. 28 in the 117th Congress, calling for a
constitutional amendment which would prohibit denying
or abridging equality of rights on account of sex. Typically
referred to as the “start-over amendment,” the legislation
would be sent to each state for ratication after passing in the
House and Senate.
Additional Resources
Two-Minute Activist: Ratify the Equal Rights Amendment
American Association of University Women (AAUW)
Virginia, Illinois and Nevada v. Ferriero: Amicus Curiae
Brief of the ERA Coalition and Advocates in the Women’s
Movement
American Association of University Women (AAUW)
ERA State Ratication Map & Resources
ERA Coalition
