While much of the general public today assumes that women have the same rights under the Constitution as men, that isn’t quite true yet. Because the Equal Rights Amendment has yet to be ratified in several states, women are technically not protected in the same way as men constitutionally.
The History Of The ERA
While the ERA still has not been approved, this isn’t because the push for equal rights under the law is especially new. The ERA was first introduced in 1972 as the feminist movement gained strength and awareness. The amendment, simply stated, would guarantee equality under the law “regardless of sex.” Many people assume that this fact already has been codified by the 19th Amendment that guaranteed women the right to vote; however, this is not the case.
Why Is It Not Law Yet?
Despite the long-standing fight for equality, the ERA has yet to reach the three-quarters majority needed to ratify an amendment to the Constitution. Progress, however, has been made in recent years, with Illinois and Nevada recently ratifying the amendment. This is largely in part thanks to the resurgence of the feminist movement, as well as increasing awareness and available resources through digital means.
Consequences Of Hesitation
While sexism continues to thrive in the United States regardless of the passing of the ERA, the lack of legislation has meant that many women struggle when seeking legal action or equal protection. Domestic violence, for instance, has been one long-standing struggle that many women have had to face. Considering that homicide is one of the leading causes of death for women, what’s even more distressing is the fact that nearly half of female victims (aged 44 and under) are killed by a current or former male intimate partner. While more resources are regularly being made available for survivors, the passing of the ERA would likely prompt more avenues for legal action against abusers.
Just because the Equal Rights Amendment has yet to pass does not mean it’s destined to remain in legal limbo. As the feminist movement gains momentum, it’s possible that additional states will ratify the amendment, making it the newest addition to the Constitution.
