Equal Rights Amendment
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Thesis Statement: The Equal Rights Amendment has undergone various transformations since its inception during the 1800s.
A. 19th Century Struggles
The Idea was borne and publicized in 1848 during the Seneca Women Rights Convention
B. Successful Women Suffrage
In 1919, women were accorded the right to cote by the constitution
C. Equal Rights Amendment
This was introduced in 1972 and sought to accord women equal rights as their male counterparts
The ratification process has been stalled by oppositions from conservative groups
The biggest blow to the process occurred in 1982 when it was accorded an unlimited period for ratification
D. Importance of the process of ratification
This has the ability to free the women from incidences of discrimination that undermine their quality of life
This can also make the judicial process regarding sex discrimination clearer as well as stricter
Equal Rights Amendment
Introduction
Since historical times, it can not be disputed that the society has undergone various changes in its social, economic and cultural spheres. These have been triggered not only by the technological advancement but also by the economic improvements that have had diverse implications on the quality of life of the populations. Increasingly, populations have assumed varied perceptions towards issues that were initially considered to be very sensitive. Compared to the historical population that were very conservative, current populations are relatively liberal and adaptive to change. They are receptive to ideas and analyze or evaluate social, cultural and political concerns from a broader perception. Among the issues that have undergone various transformations pertains to the aspect of equality on the basis of sex. Traditional, women were confined by the social conditions to the domestic sphere. This changed when the equal rights amendment was made constitutional and ratified by all the states. Currently, relative emergent issues pertaining to the rights of the homosexuals and gay individuals are being evaluated by the legal structures of different countries. It is against this background that this paper provides an in depth historical analysis of the Equal Rights Amendment.
The 19th Century Struggles
As aforementioned, traditional social conditions confined women to the domestic sphere and required them to maintain a conservative social status. Before the nineteenth century, women were forbidden from being pronounced in the public arena for various reasons. It can not be disputed that this had far reaching implications on their general wellbeing. According to Lee, the first public attempt by women to demand equal rights as their male counterparts became visible in 1848 (65). This took place at the Women’s Rights Convention that was held at Seneca Falls in New York. The main aim of this convention was to call for justice for women and abolition of social and legal conditions that prevented women from enjoying the rights and privileges that were enjoyed by the rest of the citizens. Considering the fact that the then society was highly conservative, this call was ridiculed and shunned by the entire society.
Regardless of this opposition, the proponents of the call did not back down. The fight to have the women faction of the society continued even after the civil war. At this point in time, this bore minimal fruits because of the fact that the society was highly conservative as well as resistant to any form of social or cultural change (Bradley 61). The call in this regard also sought to address the constitutional rights of the freed slaves. In light of the constitution, the fourteenth amendment defined the US citizens as those individuals that are either naturalized or born in the United States. These according to the legal document were guaranteed of equal protection by the laws. When referring to the electorate, Nicholson indicates that the constitution referred to the male faction of the society only (66). Undoubtedly, the fifteenth amendment had profound ramification on the women from diverse races because they were prohibited from engaging actively in the electoral process.
The Successful Women Suffrage
The state of affairs changed during the early twentieth century when the movement for social reform continued engaging in marches as well as political boycotts in a bid to lobby for equal rights. In 1919, their efforts yielded desirable results as women were accorded a right to participate in the electoral process by voting (Huckbee 81). This triggered stiff opposition from various factions of the society including the liquor lobby and the rights advocates of the state. The bone of contention was that according women this right would compromise the holistic wellbeing of the family unit. Regardless of this opposition, the amendment bill pushed though and women were accorded this right. It declared that the rights of the US citizens to vote shall neither be abridged nor denied by any state or the entire United States on the basis of sexual orientation. Regardless of this development, Baldez, Epistein and Martin cite that in practice, work place conditions did not change as they still considered men to be superior to women (244).
To a great extent, this state of affairs was attributable to the social and cultural perceptions that were deeply embedded in the practices of the then population. In this respect, it is worth appreciating that changing the attitudes of a population can be compounded by various shortcomings. This is particularly so in instances where the respective attitudes or practices are mainstreamed in the culture of the given population. In his research, Nicholson argues that since women had assume an inferior social status since historical times, the current population found it extremely difficult to make drastic changes irrespective of the fact that the constitution required them to do so (112). Instead, most of them considered this a contravention of their cultural values. The maintenance of the status quo at the work place was therefore a form of resistance that was geared towards frustrating the relative efforts.
The Equal Rights Amendment
This accorded the women the freedom from sex discrimination and has undergone various developments since the 1919. In 1923 during the anniversary of Seneca Women Convention, another clause that required that the US women be accorded equal rights in all aspects of jurisdiction was introduced. Notably, this was not immediately passed by the congress but proponents of this introduced it in every Congress session. It was later reworded and passed in 1972 (Nicholson 112). The pursuit of this was based on the recognition that the constitution needed to apply equally to all citizens of the United States. By the 1940s, minimal measures had been undertaken by the labor industries to actualize the constitutional requirements in the work places. This according to Held, Herndon and Stager was attributed to the fear that actualizing this would have adverse effects on the power structure (113). In particular, it was feared that empowering women was likely to undermine the credibility of the very constitution of the United States. This state of affairs was furthered by the labor movement and the conservative faction of the society.
The scenario changed in the 1960s with the mergence of the women rights movement. Women in this organization sought to demand for more rights including their birth rights and their recognition by the law as citizens of the United States. In this regard, the center of focus shifted form advocating for the right to vote to advocating for equal rights (Critchlow 38). At this point in time, the women garnered support from various groups and compared to the previous efforts, the current movement was supported by a significant percentage of the population. This had direct implications on the response of the government as it was shift and positive. It culminated in the passage of the Equal Rights amendment by both the US Senate and the House of Representatives in 1972. Further, a relative clause required the congress to ratify the amendment within a period of seven years.
Just like the 19th amendment, the process of ratification was slowed by a faction of the congress that was opposed to the entire process. In the first year, only twenty out of the essential thirty eight ratifications were done. The ratification pace further slowed in the following years an in 1976, none was done. Opposing groups and individuals in this regard argued that according the women equal rights would have devastating effects on the welfare of the society. In particular, it was argued that this would prevent women from being supported economically by their husbands. In addition, Frum indicates that opponents feared that the privacy rights of the women and the family at large would be tempered with (48).
Others argued that this would result in women being sent to combat. Most importantly, a significant percentage of the opponents maintained that equal rights would promote the involvement of individuals in homosexual marriages that had the ability to undermine the family unit. Further, some of them contended that abortion rights would erode the social values upon which the American society was based. Besides the traditional sectors, opponents also constituted of state rights advocates, fundamentalist religious groups and business interests including the insurance industry that believed that the implementation of the provisions was costly.
The oppositions had adverse effects on the process of ratification. Increasingly, the hopes for implementing this were dimmed by the postponement of the ratification of the bills that had been defeated by most of the states. In his research, Lee cites states such as Illinois that changed the rules to need a three fifths majority for the ratification process to be completed (66). This was in a bid to ensure that the simple majority votes favoring ERA were unsuccessful. Other states proceeded to passing rescission bills as well as the proposed bills. Regardless of these legal oppositions, the states had already been bound and did not have the authority to retract at any point in time from this ratification. To a great extent, this was advantageous to the advocacy groups that continued to struggle tirelessly for change.
As the deadline approached, a significant percentage of the pro activists including the league of women waned to employ the eleventh- hour pressure strategy to compel the government to make vital decisions. The congress however granted an extension till the end of June, 1982. During this period, Held et al indicates that the political faction of the society maintain a conservative status (67). In 1980, proponents of the change increased lobbying activities and engaged in countdown rallies, petitioning, fund raising, walkathons, civil disobedience, White House picketing and hunger strikes in a bid to push the government to action. Nonetheless, these did not yield any positive results as the country was still unwilling to accord women their constitutional rights regarding equality.
In 1982, the equal rights amendment was gain reintroduces in congress before each session. There was however bills put forth to accord ERA ratification process an unlimited period of time. These required the passage of the ratification to be supported by at least two thirds of every house of the congress in each of the 38 states. According to Frum, another optional approach that can be employed in the ratification process pertains to the Maddison Amendment (70). This was passed in 1789 by the congress and later ratified in 1992. It concerns making change sin the congressional pay. This made the ERA supporters to believe that the congress was able to legalize he ratifications that were made by the 35 states. From this point of view, Critchlow indicates that the congress could have an alternative of choosing to either repeal or adjust the period of ratification and impose a distinct time limit to the ratification process (68). This consideration was however debated by the congress and dismissed as being implausible.
Importance of the Equal Rights Amendment
To date, the ratification process of the ERA has not been completed. However, it can not be dispute that the amendment is of paramount importance to the holistic wellbeing of the US society. Guaranteeing women equal rights as their male counterparts can go a long way in addressing incidences of prejudice and discrimination that still undermine effective functioning. In his review, Bradley recognizes that the conservative perspectives have detrimental effects on the quality of life of the women (73). This is particularly so in the states that have not completed the process of ratification.
The process needs to be completed urgently because the current fourteenth amendment is still compounded by various shortcomings. In this respect, Lee argues that the fourteenth amendment is not comprehensive enough and can not be solely employed for providing for the equal rights of all factions of the population (83). It is confined to the issue of sex discrimination and does not move beyond the traditional viewpoint related to males having more rights than their women counterparts. The completion of the ratification process of the ERA would be useful in preventing the country from rolling back to the period that supported sex discrimination. Currently, it is difficult to entirely eliminate this practice from the society. ERA would also be useful in underscoring a stricter and clearer judicial process of addressing sex discrimination (Mansbridge 46).
Conclusion
In sum, the Equal Rights Amendment has undergone various transformations over time.
The idea was borne in and brought to the fore in 1848 during the Seneca Women Rights Convention. Initial efforts were met by intense opposition from the public until 1919 when the 19th Amendment was passed. This accorded women a right to participate actively in the election process. After successful women suffrage, they proceeded to pushing for the equal rights as their male counterparts. The relative efforts have been met by opposition from different factions of the society. They argue that according women the relative rights would have detrimental effects on the power structure. In 1982, congress accorded the ratification process an unlimited period of time for completion. This literarily stalled the process and to date, it has not been completed. Completion of the ratification process is of paramount importance because of its ability to free the women from incidences of discrimination and prejudice that compromise their quality of life.
Works Cited
Baldez Lisa, Epistein Lee and Martin Andrew. Does the US Constitution Need Equal Rights Amendment? Journal of Legal Studies, 35.1 (2006): 243-283. Print.
Bradley Martha. Pedestals and Podiums: Utah Women, Religious Authority, And Equal Rights. Salt Lake City: Signature Books, 2005. Print.
Critchlow Donald. Phyllis Schlafly and Grassroots Conservatism: A Woman’s Crusade. Princeton: University Press, 2005. Print.
Frum David. How We Got Here: The 70s. New York: Basic Books, 2000. Print.
Held Allison, Herndon Sheryl and Stager Danielle. The Equal Rights Amendment: Why ERA Remains Legally Viable and Properly before the States. William & Mary Journal of Women and the Law, 3.1 (1997): 113-136. Print.
Huckbee David. Equal rights Amendment Ratification Issues. Washington DC: Congressional Research Service, 1996. Print.
Lee Rex. A Lawyer Looks at the Equal Rights Amendment. Provo: Brigham Young University Press, 1980. Print.
Mansbridge Jane. Why We Lost the ERA. Chicago: University Press, 1986. Print.
Nicholson Zoe. The Hungry Hear: A Woman’s Fast for Justice. Newport Beach: Lune Soleil Press, 2004. Print.
