Latest / Voices Of Life / Did You Know? - The Equal Rights Amendment (ERA): A Comprehensive History
Transcript
- 0:00This is the Voices of Life podcast. Today's episode
- 0:03is part of our Did You Know series, where we
- 0:06uncover the stories behind America's constitutional
- 0:09history. In this episode, we explore the Equal
- 0:13Rights Amendment, a proposal debated for more
- 0:16than a century. From Seneca Falls in 1848, to
- 0:21Congress in 1972, and into the modern day. A
- 0:26journey of hope, conflict, and unfinished questions.
- 0:30And guiding us through this remarkable story
- 0:32is your host, Pastor David. Thank you for joining
- 0:38us today on the Voices of Life, a ministry of
- 0:41the Church for Life. I'm Pastor David. Did you
- 0:43know that one of the most enduring constitutional
- 0:46debates in American history began nearly two
- 0:49centuries ago and still hasn't been resolved?
- 0:53Today on Voices of Life, we explore the long
- 0:55-winding and often surprising journey of the
- 0:58Equal Rights Amendment, a proposal that has shaped
- 1:00generations of activism, political conflict,
- 1:03and constitutional interpretation. It was a dream
- 1:08born in 1848. The story begins in Seneca Falls,
- 1:12New York in 1848, at a time when women could
- 1:16not vote. could not own property independently
- 1:19once married, and were barred from many professions.
- 1:22A group of courageous leaders gathered to declare
- 1:26that America needed to change. Elizabeth Cady
- 1:29Stanton and Lucretia Mott helped craft the Declaration
- 1:33of Sentiments, a bold document demanding equal
- 1:37rights for women. This was the spark, the first
- 1:41flame of a movement that would burn for generations.
- 1:45The 19th Amendment, a milestone, but not the
- 1:49finish line, came in 1920. The ratification of
- 1:53the 19th Amendment granted women the right to
- 1:55vote. It was a monumental victory, but many activists
- 1:59knew it was only the beginning. Voting rights
- 2:03did not erase the hundreds of laws that treated
- 2:06men and women differently. One woman understood
- 2:09this better than others, Alice Paul. and the
- 2:14birth of the ERA. That was in 1923. Just three
- 2:19years after women won the right to vote, Alice
- 2:22Paul introduced what she called the Lucretia
- 2:25Mott Amendment. Her original wording was simple
- 2:29and sweeping. Men and women shall have equal
- 2:33rights throughout the United States in every
- 2:35place subject to its jurisdiction. Hall believed
- 2:39voting alone could not secure equality. She saw
- 2:42a nation where laws still needed limited women's
- 2:46working hours, restricted their economic independence,
- 2:50and denied them equal standing in courts and
- 2:52contracts. But surprisingly, many women's organizations
- 2:56opposed the amendment. They feared losing workplace
- 2:59protections, maternity safeguards, and labor
- 3:03rules designed specifically for women. The debate
- 3:07became a clash between equality and protective
- 3:10legislation, and it stalled the amendment for
- 3:13decades. So for 50 years, for nearly half a century,
- 3:18between 1923 and 1970, Congress refused to move
- 3:23the ERA forward. Committee chairs blocked hearings,
- 3:26votes never advanced, yet support slowly grew
- 3:30among Republicans, Democrats, civil rights advocates,
- 3:33and women's organizations. By the 1960s, the
- 3:37rise of the second wave feminism reignited the
- 3:41flight. The Equal Pay Act of 1963, the Civil
- 3:45Rights Act of 1964, and the Title VII protections
- 3:49all strengthened the argument. If race discrimination
- 3:52deserved constitutional protection, sex discrimination
- 3:55should too. The ERA was ready for its moment.
- 4:01On March 22, 1972, Congress overwhelmingly approved
- 4:05the Equal Rights Amendment. The vote was stunning.
- 4:08In the House, 354 to 24, and in the Senate, 84
- 4:13to 8. President Nixon supported it, though his
- 4:17signature was not required under Article 5. Congress
- 4:21added a seven -year ratification deadline, setting
- 4:25the clock to expire in 1979, and America responded
- 4:29with unprecedented speed. Within one year, 30
- 4:32states ratified the ERA. Eventually, 35 states
- 4:36approved it, just three shy of the required 38.
- 4:41Momentum was strong, but then came one of the
- 4:44most effective grassroots movements in modern
- 4:47political history. Led by Phyllis Shafley, the
- 4:51Stop ERA movement, Stop Taking Our Privileges,
- 4:55mobilized millions of Americans. Opponents argued
- 4:59the ERA would eliminate legal distinctions between
- 5:02men and women. It would require women to be drafted,
- 5:06affect alimony and custody laws, change public
- 5:11accommodations including restrooms, and undermine
- 5:15traditional family roles. Supporters countered
- 5:20that the amendment simply prohibited unjustified
- 5:23discrimination based on sex, but the opposition
- 5:26slowed the movement dramatically. By 1979, the
- 5:31deadline arrived and there were no new ratifications.
- 5:34Congress took action. They extended it three
- 5:38more years until 1982. Still, no additional states
- 5:43ratified it. The ERA expired. And that is according
- 5:47to Congress and within the constitutional guidelines,
- 5:50it means it's a dead amendment. Five states attempted
- 5:54to rescind their ratifications. Nebraska, Tennessee,
- 5:58Idaho, Kentucky, and South Dakota. And we spoke
- 6:02about this previously, whether rescissions are
- 6:05constitutionally valid still remains unsolved.
- 6:08Congress has never recognized them, and the Supreme
- 6:10Court has never ruled on them. After 1982, most
- 6:14scholars declared the ERA dead. But history had
- 6:17one more twist. The revival came in 2017. A new
- 6:24wave of activism emerged. Nevada, woke up and
- 6:28decided to ratify the amendment in 2017. Illinois
- 6:32followed them in 2018, and Virginia finally ratified
- 6:36it in 2020. Supporters claimed Virginia was the
- 6:3938th state completing the amendment. Opponents
- 6:42argued, nah, the deadline has long since expired.
- 6:46Federal courts largely avoided the constitutional
- 6:48questions offered to dismissing cases on procedural
- 6:51grounds. The archivists declined to certify the
- 6:55amendment, citing a Department of Justice opinion
- 6:58that the deadline had passed. Congress introduced
- 7:01bills to remove the deadline retroactively or
- 7:04restart the process, but none have passed. So
- 7:08where things stand today. 38 states have ratified
- 7:11it at some point. Five states have attempted
- 7:14a rescission. The ERA has not been certified.
- 7:19The federal government does not recognize the
- 7:2228th Amendment, and the legal status remains
- 7:25unresolved. The Supreme Court has never ruled
- 7:28directly on ERA's validity. The debate continues
- 7:31in Congress, in courts, in scholarship, and in
- 7:35public life. Why it still matters? Well, supporters
- 7:39say the ERA would place sex equality explicitly
- 7:43in the Constitution. It strengthens the scrutiny
- 7:46of sex -based discrimination. It provides a stable
- 7:50foundation for equal treatment in employment,
- 7:53education, and law. It protects the rights regardless
- 7:57of shifting political winds. The opponents argue
- 8:01that it could shift authority from the legislature
- 8:04to the courts, affect laws distinguishing men
- 8:07and women, duplicate protections already provided
- 8:11by statute or court rulings, So the practical
- 8:15impact would depend entirely on how courts interpreted
- 8:19it. So did you know that America has spent more
- 8:22than a century debating an amendment that still
- 8:24sits in constitutional limbo? An amendment born
- 8:27in the age of abolitionists, revived in the era
- 8:31of modern feminism, reawakened in the 21st century,
- 8:35and still waiting for the nation to decide its
- 8:39fate. This is Voices of Life, where history lives.
- 8:43Faith leads and truth endures. I'm Pastor David.
- 8:46Thank you for joining us. We'll see you next
- 8:48time. Thank you for joining us on the Voices
- 8:52of Life podcast. Another step in understanding
- 8:55our nation's past and the debates that still
- 8:59shape our future. The Equal Rights Amendment
- 9:02remains unresolved, but its history reminds us
- 9:06that the pursuit of equality is never simple
- 9:09and never finished. Stay connected with Voices
- 9:13of Life as we continue exploring America's story
- 9:17through faith, truth, and reflection. Until next
- 9:22time, may God bless you, and may God bless the
- 9:27United States of America.