Legal Definitions - Equal Rights Amendment

The Equal Rights Amendment (ERA) is a proposed addition to the United States Constitution designed to guarantee equal legal rights for all American citizens regardless of sex. Its core purpose is to prohibit discrimination on the basis of sex by both federal and state governments.

First proposed in the 1920s, the ERA gained significant momentum and was passed by Congress in 1972. However, it failed to be ratified by the required number of states (38 out of 50) before a congressionally imposed deadline in 1982, falling three states short. Despite this, efforts to ratify the ERA have continued, with some states ratifying it after the original deadline, leading to ongoing legal and political debate about its current status and whether it can still become part of the Constitution.

Here are some examples illustrating how the Equal Rights Amendment would apply if fully ratified:

• State Employment Policies: Imagine a state's civil service regulations that, for certain high-level administrative positions, implicitly or explicitly favor male candidates by setting different experience requirements or interview processes for men and women. If the ERA were ratified, such a policy would be unconstitutional. The state government would be compelled to revise its hiring practices to ensure that all applicants are evaluated based solely on their qualifications and experience, without any distinction or bias based on sex, guaranteeing equal employment opportunity.

• Public Education Funding and Programs: Consider a scenario where a state-funded university system allocates significantly more resources and facilities to men's athletic programs than to women's, or offers specialized vocational training programs exclusively to one sex. With the ERA in effect, this disparity would be challenged. The amendment would require the state university to provide equitable funding, facilities, and opportunities across all athletic and academic programs, ensuring that educational institutions do not discriminate based on sex in their offerings or resource distribution.

• Local Government Ordinances: Suppose a city council passes an ordinance that grants certain tax breaks or business incentives only to small businesses owned by men, under the premise of supporting "traditional male entrepreneurship," while offering no equivalent program for women-owned businesses. If the ERA were part of the Constitution, this ordinance would be deemed illegal. The city government would be required to create gender-neutral programs, ensuring that all business owners, regardless of sex, have equal access to government-provided economic support and incentives.