Nearly 100% of Americans, irrespective of political party, say it is “somewhat or very important for women to have equal rights with men in this country,” according to the Pew Research Center. Yet, these rights are not guaranteed by the U.S. Constitution. The only right in the U.S. Constitution guaranteed to women is the right to vote, in the 19th Amendment.
Surprisingly, or maybe not, the U.S. “is an outlier among all the major industrial democracies of the world in failing to have an express guarantee in its written constitution that men and women are equal under the law,” according to Kathleen M. Sullivan, attorney and constitutional law expert.
Americans prize their rights and freedoms from discrimination. However, according to the American Bar Association (ABA), existing federal and state laws prohibiting sex discrimination are, “at best — a patchwork.” And they are subject to change. As such, the ABA passed a resolution last August that urges federal, state, local, territorial, and tribal governments to implement the Equal Rights Amendment to the U.S. Constitution.
HISTORY OF THE ERA
The Equal Rights Amendment was first introduced to the U.S. Congress on Dec. 10, 1923. It 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.”
It was drafted by attorney Alice Paul who was prohibited from practicing law due to her gender. It failed to advance to a vote in every session of Congress until 1970 when Congresswoman Martha Griffiths forced the legislation out of committee. By March 22, 1972, the House Joint Resolution 208 establishing the 28th Amendment was approved by overwhelming bipartisan majorities — over 90% in both houses of Congress. It took just five years for 35 states to ratify the ERA. Maine was the 31st in 1974. It took another 43 years for the remaining three states needed — Nevada, Illinois, and finally, Virginia in 2020 — to ratify. This was in large part due to an anti-ERA campaign mounted by religious right-wing activists.
“The Equal Rights Amendment has met the requirements of the Constitution to be the 28th Amendment,” the ABA determined, but it hasn’t been certified and published by the National Archivist, nor has it been implemented by various branches of government. Why not? One objection to publication is an arbitrary time limit which was imposed for gaining ratification by 38 states.
Other amendments had no such timelines. Notably, the 27th Amendment took 203 years — from 1789 till 1992 — to become ratified by 38 states. The ABA points out, “there was no hesitation in promptly publishing and certifying it” 12 days after Michigan became the 38th state to ratify in May of 1992. There is no limit in the Constitution on the time for state ratification. We Maine women agree: The ERA, having met all requirements, should be published now.
WHAT DIFFERENCE DOES IT MAKE?
Gender pay gaps, workplace discrimination, health care discrimination, and violence against women would be addressed by an ERA. While there are many existing statutes that prohibit discrimination on the basis of sex, these statutes can easily be amended or repealed by Congress. And courts, including the Supreme Court, can revoke rights by overturning prior rulings. These “statutory provisions thus lack the permanence and authority that constitutional protection of the equality of the sexes would afford,” according to the ABA.
All four members of Maine’s congressional delegation support the ERA.
EqualRightsMaine.org seeks to establish an equal rights amendment in Maine’s Constitution and advocates for publication and certification of the ERA at the national level. Also see: VoteEquality.us.
“Ratified,” a film about the struggle to get the ERA fully ratified, will be shown at 5:30 p.m. Dec. 7 at A Coffeehouse, 252 Main St., Waterville.
Nationwide, Vote Equality has organized ERA supporters to keep pressure on the White House to take the one step that is needed to finally publish the 28th amendment. A group from central Maine will join the national effort in Washington, D.C., next week.
We urge local citizens to send a postcard to the president, asking him to direct the National Archivist to certify and publish the 28th Amendment. ERA supporters should reach out to at least five friends asking them to do the same. Postcards and stamps are ready for your signature at A Coffeehouse.
We don’t have 200 years to publish the ERA. We only have a few weeks. The time is now!
(Except for the headline, this story has not been edited by PostX News and is published from a syndicated feed.)
