Why is the Equal Rights Amendment not in the Constitution?
Asked by: Dexter Walter | Last update: February 1, 2026Score: 5/5 (55 votes)
The Equal Rights Amendment (ERA) isn't in the Constitution primarily because it failed to meet Congress's original ratification deadline, despite recently reaching the required 38 states, leading to ongoing legal and political debate over the validity of the late ratifications and expired deadlines, with opponents arguing against its effects and supporters pushing for its final certification.
Why was the Equal Rights Amendment never added to the Constitution?
An original seven-year deadline was later extended by Congress to June 30, 1982. When this deadline expired, only 35 of the necessary 38 states (the constitutionally required three-fourths) had ratified the amendment. The ERA is therefore not yet a part of the U.S. Constitution.
Has the Equal Rights Amendment to the Constitution been passed?
The Equal Rights Amendment (ERA) is the 28th Amendment to the United States Constitution, which protects the equality of rights under the law regardless of sex. While the ERA is fully ratified and was recognized by a US President as the law of the land, it has yet to be officially published in the Constitution.
Who stopped the Equal Rights Amendment?
Phyllis Schlafly. Phyllis Stewart Schlafly (/ˈʃlæfli/; born Phyllis McAlpin Stewart; August 15, 1924 – September 5, 2016) was an American attorney and activist who was nationally prominent in conservatism.
Does the Constitution say anything about equal rights?
The Fourteenth Amendment to the United States Constitution, which provides that “[n]o State shall … deny to any person within its jurisdiction the equal protection of the laws.”
Why hasn't the Equal Rights Amendment been ratified?
What would happen if the Equal Rights Amendment was ratified?
First proposed in 1923, the ERA is a constitutional amendment that, if formally recognized as the 28th Amendment, would make sex-based equality explicit in the U.S. Constitution for the first time. It would prohibit discrimination “on account of sex,” including discrimination against people of all genders.
What does article 7 of the US Constitution say?
Article VII of the U.S. Constitution is about the ratification process, stating that nine of the thirteen states needed to approve it through special state conventions for the Constitution to become the law of the land, replacing the Articles of Confederation. It established the conditions for the new government to take effect and included the date the Constitution was signed (September 17, 1787).
Why are Republicans against the Equal Rights Amendment?
In opposition. Many opponents of the ERA focus on the importance of traditional gender roles. They argued that the amendment would guarantee the possibility that women would be subject to conscription and be required to have military combat roles in future wars if it were passed.
What 5 states rescinded the Equal Rights Amendment?
By 1977, only 35 states had ratified the ERA. Though Congress voted to extend the ratification deadline by an additional three years, no new states signed on. Complicating matters further, lawmakers in five states — Nebraska, Tennessee, Idaho, Kentucky, and South Dakota — voted to rescind their earlier support.
Why has the Equality Act not been passed?
The Equality Act would need at least 67 votes in the Senate, where Democrats have a slim majority, to overcome a filibuster. The bill failed to garner enough bipartisan support in the upper chamber after it was passed by the House in 2021, and the current version of the bill, introduced in June by Sen.
Who opposed the Equal rights Act?
Phyllis Schlafly, a conservative activist, commentator, and author, led a successful campaign against the ratification of the Equal Rights Amendment in the 1970s.
Why did the Equal Rights Amendment fail in 1923?
Many reasons exist for the failure of the Equal Rights Amendment, most important, the inability of its supporters to realize the strength of the opposition. The conservative movement in the United States had been growing, partly as a backlash to the lesbian and gay and women's rights movements of the 1960's and 1970's.
What happened to the Equal Rights Amendment proposed in 1972?
The ERA failed to meet the requisite number of state ratifications (38) by Congress' deadline of June 30, 1982, so it was not adopted as a Constitutional amendment. In January 2020, Virginia became the 38th state to ratify the ERA. However, pending legal challenges, the amendment's future remains uncertain.
Why should the ERA not be passed?
The ERA would likely endanger women's equality. The reason is that the ERA would likely prohibit government from acting “on account of sex” and, therefore, from acting on account of or in response to sex inequality. Put simply, government would have to ignore sex, including sex inequality. Consider race.
What was the primary purpose of the failed equal rights?
Eliminate all legal distinctions based on sex.
Why did Alice Paul write the Equal Rights Amendment?
She believed the true battle for legally protected gender equality had yet to be won. With an eye to championing another constitutional amendment, Paul pursued and earned three law degrees (LL. B., LL.
Which two states originally rejected the Constitution?
Securing the ninth state was not going to be an easy task. In fact, North Carolina and Rhode Island did not ratify the Constitution until November 1789 and May 1790, respectively. They did so only after the First Congress sent 12 amendment proposals to the states for ratification.
Did the Equal Rights Amendment ever get ratified?
By March 1972 the ERA had been approved by 2/3 vote of both houses of Congress and was sent to the states for ratification. Twenty-two states quickly ratified the amendment in 1972.
Which state never ratified the Equal Rights Amendment?
The 15 states that did not ratify the Equal Rights Amendment before the 1982 deadline were Alabama, Arizona, Arkansas, Florida, Georgia, Illinois, Louisiana, Mississippi, Missouri, Nevada, North Carolina, Oklahoma, South Carolina, Utah, and Virginia.
Which party supported equal rights?
While the text of the ERA varied over the decades, the goal remained the same: ensuring that women and men have equal rights under the law. In 1940, the Republican Party became the first major party to endorse the amendment in its platform.
Did Reagan support the Equal Rights Amendment?
As President, Reagan opposed the Equal Rights Amendment (ERA) because he thought that women were already protected by the 14th Amendment, although he had supported the amendment and offered to help women's groups achieve its ratification while serving as Governor of California.
Who voted against the Civil rights Act of 1957?
The Republican Party voted 167 in favor, 19 against. The Democratic Party voted 119 in favor, 107 against. 9 members voted present, and 13 members did not vote. It was brought to a floor vote in the US Senate on August 7, 1957.
Who opposed Article 7 and why?
Anti-Federalists pointed out that Article VII was inconsistent with Article XIII of the Articles of Confederation, which required that changes in constitutional arrangements be “agreed to in a Congress of the United States, and be afterwards confirmed by the legislatures of every State.” Article VII required agreement ...
Is God mentioned in the US Constitution?
No, the U.S. Constitution does not explicitly mention God, Jesus, or Christianity; its framework is secular, focusing on governmental structure, though it mentions "religion" in the First Amendment to protect religious freedom and prohibit an established religion. The only divine reference is in the signing date, "in the Year of our Lord," a common phrase of the era, not a theological statement, notes TCU Magazine.
Can a president change the Constitution?
The Constitution does not give a president the power to violate the Constitution, create or change congressional statutes, or override U.S. Supreme Court decisions—no matter what the EOs say.