By Dr. Brodsky’s interns on behalf of the AMWA Gender Equity Task Force
All men are created equal is a core belief that is more American than apple pie. The Equal Rights Amendment (ERA) was first proposed as a Constitutional Amendment in 1923. Today, 101 years later, the ERA has all the required signatures but has yet to be ratified as the 28th amendment of the Constitution. When the ERA is ratified, discrimination against people of all genders would be prohibited, and sex-based equality would be explicit in the U.S. Constitution (1,2).
The ERA mandates that “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex”. Its codification into the Constitution would guarantee equal legal rights for all Americans. It would ensure equal opportunities in areas like employment, education, and access to healthcare services. The amendment also includes protections against discrimination based on gender identity, expression, and sexual orientation (3). Women have made great strides, but we are still not equal in the eyes of Constitutional Law.
As of 2023, women in full-time roles still earned only 83.6 cents for every dollar paid to full-time male workers, and just 78.1 cents when including part-time roles (4). Women earn 77% of what men earn among full-time, year-round workers, with even greater disparities for African-American and Hispanic women (1). Despite the Equal Pay Act of 1963 prohibiting sex-based pay differences, loopholes like the “factor other than sex” defense allow employers to maintain discriminatory pay practices (5).
Several states have passed the ERA and many are leading ongoing campaigns to ratify the ERA in others (6). The ERA in these states is a model for how the federal ERA adoption can bring about positive change. Policy experts have claimed that these states can apply more stringent standards to sex discrimination claims (7). Massachusetts consistently ranks as the leading state for women’s rights, joined by California, Connecticut, and Hawaii, which also promote safety and security for women through state ERAs (8) (9).
Constitutional adoption of the ERA would significantly increase the likelihood of courts ruling in favor of equality claims, providing essential support for women in their quest for equity, parity, and justice (7). The amendment’s robust legal protections would offer a stronger constitutional foundation for claims of gender discrimination and potentially deter discriminatory behavior through stricter penalties for offenders.
The fight for equality is ongoing and has been long. As the critically acclaimed Broadway play Suffs articulates, “progress is possible but is not guaranteed” (10). Women were not mentioned in the U.S. Constitution until the passing of the 19th Amendment in 1920. Alice Paul and others led the advocacy efforts that finally granted women the right to vote after a long and arduous struggle that included hunger strikes and imprisonment. Despite the passage of the 19th Amendment Alice Paul knew the battle for equality was just getting started (1). We need you to continue the fight.
AMWA Gender Equity Task Force (GETF) encourages readers to engage local and national government representatives, discuss the ERA with family and friends, and participate in campaigns advocating for publication of the ERA. One specific campaign that can be completed via text or phone call is contacting the White House and voicing your support of the ERA.
Please act now in one or more of the following ways:
As an act of advocacy before January 16, use your voice to urge President Biden to publish the ERA as the 28th Amendment of the Constitution.
– Call the White House at (202) 456-1111, available Tuesdays and Thursdays from 11 AM to 3 PM EST.- Text the White House at (302) 404-0880.
– Contact local representatives by phone or text.
– Mobilizing your community to amplify these efforts.
Sample Call Script:
“Hi, my name is [Your Name]. I’m calling to urge President Biden to prioritize the publication of the Equal Rights Amendment as part of his legacy. By advocating for the
ERA, we can create a more equitable future, ensuring fair treatment under the law for everyone—regardless of sex, gender identity, or orientation. Together, we can lay the
groundwork for true gender equality that will benefit future generations.”
Donate to the Linda Brodsky Memorial Grant through the Gender Equity Task Force at AMWA. Funds will support the Linda Brodsky essay competition and research competition. Learn More
References:
1. About Alice Paul – Alice Paul Center for Gender Justice [Internet]. [cited 2024 Dec 13]. Available at https://www.alicepaul.org/about-alice-paul/
2. National Archives [Internet]. 2019 [cited 2024 Dec 13]. Equal Rights Amendment. Available at https://www.archives.gov/women/era
3. The Equal Rights Amendment: What You Need To Know – Center for American Progress [Internet]. [cited 2024 Nov 22]. Available at: https://www.americanprogress.org/article/equal-rights-amendment-need-know/
4. Occupational-Wage-Gap-2024-Fact-Sheet-1.pdf [Internet]. [cited 2024 Nov 22]. Available at: https://iwpr.org/wp-content/uploads/2024/03/Occupational-Wage-Gap-2024-Fact-Sheet-1.pdf
5. Equal Rights Amendment Toolkit [Internet]. [cited 2024 Nov 22]. Available at: https://www.equalrightsamendment.org/toolkit
6. State-Level Equal Rights Amendments | Brennan Center for Justice [Internet]. [cited 2024 Nov 22]. Available at: https://www.brennancenter.org/our-work/research-reports/state-level-equal-rights-amendments
7. Wharton LJ. State Equal Rights Amendments Revisited: Evaluating Their Effectiveness in Advancing Protection against Sex Discrimination. Rutgers Law J. 2004 2005;36:1201.
8. Statista [Internet]. [cited 2024 Nov 27]. Best states for women’s health care and safety U.S. 2024. Available from: https://www.statista.com/statistics/1456065/ranking-of-states-for- women-s-health-care-and-safety-us/
9. U.S. Women, Peace and Security Index [Internet]. Georgetown Institute of Women Peace and Security. [cited 2024 Dec 13]. Available at: https://giwps.georgetown.edu/usa-index/
10. Playbill [Internet]. [cited 2024 Dec 13]. Hillary Clinton Quotes Suffs in Democratic National Convention Speech. Available at: https://playbill.com/article/hillary-clinton-quotes-suffs-in-democratic-national-convention-speech