It was March of 1972 when Congress sent an Equal Rights Amendment (ERA) to the states. The text was originally purported by advocates to create legal equality of men and women, but now those left-wing activists have vocally used this to radically promote expanding abortion and other liberal agenda items.
The 1972 resolution required 38 states to ratify this Constitutional Amendment within seven years. Supporters failed to get enough states to support the amendment within the seven years. As a result, the ERA expired. Court decisions have since affirmed that the deadline has passed and the ERA of the 70s is dead.
But now, Democrats in Congress are ignoring the seven-year deadline and attempting to claim that the ERA has been ratified. (It hasn’t.) Their goal? Enshrine harmful gender and abortion policy into the U.S. Constitution, including ensuring that every state protects abortion on demand until birth. This is a direct assault on state legislatures that have fought hard to protect unborn life and minors seeking gender transitions.
Because “sex” is not defined in the legislation, this would open the door for expanding the definition to include “sexual orientation and gender identity”—something the Biden Administration has supported whenever possible.
How would the Equal Rights Amendment impact everyday Americans?
- Parental Rights. From social transitioning to classroom instructions, FPA has been sounding the alarm that liberal school boards and teacher unions are silently undermining parental rights, but the ERA would take this to another level by elevating gender ideology over the fundamental rights of parents to direct their child’s upbringing.
- Religious Freedom. People of faith, including those seeking to foster or adopt, could be forced to comply with a new definition of sex—even if this meant forcing them to choose between their faith and their livelihood.
- Conscience Rights. Medical professionals would be at risk of being fired if they do not perform abortion, life-altering gender transitions, or other morally objectionable procedures.
- Women’s Rights. The ERA would jeopardize sex-specific spaces for women in schools, prisons, sports, etc. It would erase protections for women who have fought for decades for anti-discriminatory policies.
Instead, Senators should cosponsor S. Res. 107, led by Senator Cindy Hyde-Smith. This resolution recognizes the fact that the 1972 Equal Rights Amendment has expired and any attempt to revive it is not constitutional.
The ERA resolution is unnecessary and has broad ramifications for every aspect of society. Tell your Senators that the ERA is past its prime, and it is time to move on from 1972’s attempts to enshrine dangerous language into the Constitution.
Sincerely,
Ruth Ward
Director, Government Relations
| Originally adopted in 1893, the Great Seal of the State of Wyoming prominently features “Equal Rights”. |
According to some, last Thursday saw the passage and addition of the Equal Rights Amendment (ERA) to the U.S. Constitution. Obviously, there was little splash because it didn’t happen. That didn’t stop several radical leftist groups and the office of President Joe Biden from releasing statements declaring that it either IS or SHOULD be part of the Constitution.
Tracing the history of the ERA from its introduction in 1923 to its passage through Congress in 1972 to this past week’s discussion shows the vast changes in the American political and moral landscape that have occurred in America, especially in the last five years.
In 1972, the ERA passed Congress with a supermajority of votes from the House of Representatives and the Senate. After approving a deadline of 1982, the ERA was released to the states for ratification. Because it was a proposed Constitutional Amendment, two thirds of the states had to ratify it as well. That year, 22 of the needed 38 states quickly ratified it, and eight more joined the following year. By 1977, five more had joined, bringing the total number to 35, just three short of the 38 states need to ratify the Amendment and make it a permanent part of the Constitution. But, as awareness grew of the implications of the ERA, five states quickly rescinded their ratification, and no other state joined before the 1982 deadline.
The reason? On its face, the text of the Equal Rights Amendment sounds like something everyone would agree with. It states, “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” Where controversy erupted in the 1970s was in the assertion that abortion was a fundamental part of equality according to the ERA. With the passage of Roe v. Wade in 1973, the abortion lobby desired to enshrine the practice of abortion in the Constitution itself.
A further reason for increasing opposition has risen over the past five years. Some in our society have openly argued that human sexuality is based upon fluid feelings rather than immutable biology. Consequently, the passage of the ERA today would not accomplish the purpose its authors intended in 1923. The ERA could be used to overturn its original meaning if men, declaring themselves to be women, insist upon invading the privacy of actual biological women. It could even be used to break the promise of Title IX, which gave young women opportunities to gain collegiate sports scholarships.
We have a proud tradition in Wyoming of leading the nation on issues of women’s rights.
- It was in Wyoming, in 1870, when Esther H. Morris became the first female justice of the peace in the nation.
- It was in Wyoming, in 1890, that women first voted in America.
- It was in Wyoming, in 1894, that the first woman was elected to statewide office. In that year, Estelle Reel became the Superintendent of Public Instruction.
- It was in Wyoming, in 1924, when Nellie Tayloe Ross was elected to replace her deceased husband, giving America its first female governor.
In Wyoming, the “Equality State,” we have always valued our ladies.
In Wyoming, we hold all lives, born and unborn to be of equal value. We also hold that men should not invade the rights of women.
The story of the ERA shows how far our culture has drifted over the past century – and why Christians insist that every person, man or woman, born or unborn, is created in the image of God and is of the highest value.
For Wyoming,
Nathan Winters
Executive Director
If you’re watching Woke DC, it may seem like every day is cloudy with new attacks on common sense, the Constitution, conscience rights, and more.
From nearly a hundred bills in Congress containing “Equality Act” language, to rules promoting abortion, to federal election takeover attempts, the left is pressuring every system to comply with their agenda—every chance they get.
And while that might seem like bad news, it really means that YOU are turning the tide! Your quick response successfully stopped Chuck Schumer’s attempt to break the filibuster rules in the Senate. The federal election overhaul was frozen on its fast-track (again). And don’t forget, last year you stopped the Equality Act in the Senate! Those are important victories!
These recent pro-family wins are why the Left is now urging Congress to recognize the so-called “Equal Rights Amendment” as the 28th Amendment to the U.S. Constitution.
The Equal Rights Amendment was passed by Congress in the early 70s. But before the ERA could become an official amendment to the Constitution, it needed to be ratified (approved) by 38 states before the year 1982.
That didn’t happen.
At this point in our history, the ERA would likely be used to codify a so-called “right to abortion” (in the likely event Roe is overturned), and advance radical ideas about gender in every part of federal law.
This is not your grandmother’s ERA. It’s not about equality or women’s rights. Under the Left’s new definitions of “sex and gender, any man can be a woman—anytime, anyplace, and at any cost. This means the Equal Rights Amendment— originally intended for women— could be used to allow men into women’s locker rooms, restrooms, prisons, scholarships, sports teams, and even shelters for victims of sexual assault—without question.
The Left is also trying to introduce these radical gender policies through the Biden administrative state. For instance, the U.S. Department of Health and Human Services, is trying to force healthcare plans to cover elective “gender transition services.”
Our team submitted a comment on behalf of pro-family Americans like you, opposing this radical rule that you can read here.
The Left knows that families are winning across the nation. These desperate attempts from DC to impose radical ideas are due in large part to the fact that you helped stop the Equality Act last year. And they know their time is short as the midterm election looms on the horizon.
Keep raising your voice. It is truly making a difference.
Nicole Hudgens
Government Affairs
What’s it called when you erase women from the law under the guise of “equality for women”?
The Equal Rights Amendment. The Equal Rights Amendment was passed by Congress in the early 70’s. It declared: “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” But before the ERA could become an official amendment to the Constitution, it needed to be ratified (approved) by 38 states before the year 1982.
By the time the deadline rolled around, only 35 states had ratified—though since then, exactly 38 have ratified—three after the deadline. And on Thursday, February 13, the U.S. House of Representatives voted “yes” to remove the original 1982 deadline, passing H.J.Res.79 on to the Senate. Yet, whether or not Congress can remove the original deadline is still up for debate.
So, what’s the controversy and why are modern-day feminists and radical activists clamoring so loudly for the ERA to be passed now?
In the late 1970’s, after failed ERA efforts, women’s rights experienced a significant victory when the Supreme Court finally ruled the 14th Amendment’s Equal Protection Clause applied to women. Yet, ERA proponents of today argue the 14th Amendment isn’t enough. They claim that because the 14th Amendment uses the word “citizen” and not the word “sex” or “gender,”–and rightfully so—the 14th Amendment doesn’t allow men (who say they’re women) to be treated like women. It doesn’t allow these men into women’s bathrooms or allow boys to compete on girls’ sports teams. Nor does the 14th Amendment allow for the right to abortion to be encoded into our Constitution or require tax-payer funding for abortion.
But the ERA does and will.
The language of the ERA, at first glance sounds fairly reasonable. But, in fact, it prevents state and federal laws from making any distinctions based on sex (which can also mean gender). Yet, sex-based distinctions have been a result of a century-long battle for women to be acknowledged in law, and for their needs to be recognized as drastically different from men’s, especially at certain times and in certain places. These distinctions have allowed for women’s “only” scholarships and colleges, childbirth and pregnancy accommodations, spousal and child support, social security benefits, and so much more.
When sex distinctions are erased from the law, women and all the laws passed to protect their unique position in society are also erased. We’ve already seen these exact benefits being taken from women in states with state-level ERAs. In addition, courts in New Mexico and Connecticut have used their ERAs to rule that denying abortion to women was “sex-discrimination” because only women can have abortions.
From state cases, we can predict the devastating impact a federal ERA would have on women. It’s likely federal programs like WIC (Women Infants and Children Program) would be deemed unconstitutional, social security benefits for women based on spousal income would be removed, women could suddenly become eligible for the draft, and women’s federally funded shelters and prisons would have to allow men access. And most egregiously, it is highly likely to encode the right of abortion into the U.S. Constitution.
Yet, it is this fresh and radical spin on the interpretation of “women’s rights” that has captured the devotion of the radical left and why the House passed H.J.RES 79, which could be heard by the Senate. We must remain vigilant and prevent this grave injustice against women from passing. Reach out to your Senators today and ask them to oppose the ERA.
Standing for the family of believers,
Stephanie Curry, Esq.
Policy Manager
As we have commemorated the 47th anniversary of Roe v. Wade this week, and as thousands of pro-life Americans are March(ing) for Life in our nation’s capital today, one of the most anti-life proposals of a bygone era is having a second moment in the spotlight. The Equal Right Amendment (ERA), long thought to be defunct, is re-emerging with the support of activists who argue that now is the time to amend the U.S. Constitution to guarantee “equal rights” for women.
While the ERA promises legal equality among the sexes, it does away with important sex distinctions that have been indispensable in protecting women. The amendment language is simple: “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” But Family Policy Alliance and many other pro-life organizations believe it will enshrine abortion rights in the Constitution and have other disastrous consequences for women and girls.
Although approved by Congress and sent to the states in 1972, only 35 of the needed 38 states ratified the amendment before it expired in 1982.
But that isn’t stopping Democrats from trying to resurrect the ERA. Nevada and Illinois ratified the amendment in recent years, and Virginia followed suit last week. With these three additions, the number of states that have ratified the ERA has now increased to the requisite 38, notwithstanding the 1982 deadline.
What is the future of the ERA? Well, that will be decided by Congress—and you, the engaged biblical citizens of this nation. Use our Action Center to tell your U.S. Representatives and Senators to oppose the ERA. It’s easy and only takes a minute of your time.
We’ve provided some answers to the most frequently asked questions about the ERA. Read below to learn more, but don’t forget to use our Action Center to contact your Representative and Senators. You can make a difference!
Q: Is the ERA necessary to protect women’s rights?
No. The Fourteenth Amendment to the U.S. Constitution already prohibits government discrimination against women and guarantees equal rights for “all persons” regardless of sex. The ERA isn’t needed to protect women’s rights. In fact, if the amendment were ratified, it would endanger spaces designed to protect women’s privacy and dignity, such as restrooms, locker rooms and fitting rooms.
Looking back, the movement to adopt the ERA fell apart in the 1970s when Phyllis Schlafly, a constitutional lawyer and conservative activist, persuasively argued that women stood to lose far more than they would gain.
Think about the implications of prohibiting “discrimination” on the basis of sex. Sex-segregated restrooms, locker rooms, and women’s shelters could all be opened to men. After all, wouldn’t it be “discrimination” to stop a man from using the female bathroom? Women’s and girls’ sports, too, would be threatened.
Many states have already opened women’s bathrooms and girls’ sports to biological males. The ERA would effectively require these policies nationwide and with a far greater reach than many would imagine.
Q: How would ratification of the ERA affect the pro-life victories achieved over the last several decades?
A: The ERA would enshrine government-funded abortion-on-demand in the Constitution. Restrictions on abortion would likely be overturned under the guise of protecting women from reproductive “discrimination,” which is impermissible under the ERA.
Moreover, several state and federal courts have already interpreted state ERAs as requiring government (meaning your tax dollars!) funding for abortion. A federal ERA would bring about the same result across the entire nation. That’s why some policy leaders have taken to calling the ERA the “Everything Related to Abortion” Amendment.
Q: The deadline for states to ratify ERA expired in 1982. Is it legally possible for the ERA to be revived?
A: Probably not. But Democrats in the U.S. House of Representatives are trying to retroactively extend the deadline imposed by Congress when the amendment was sent to the states for ratification in 1972.
Most legal authorities—including the U.S. Justice Department and the National Archivist—have concluded that original cutoff date was final. If that’s not enough, it’s also worth noting that five of the 35 states that had ratified the amendment in the 1970s have since rescinded their support.
Because House Democrats are trying to sweep aside the lapsed deadline and ignore the efforts of five states to withdraw their ratification votes, it’s important that you contact your congresspeople and tell them to oppose the ERA. Use our Action Center to send an email to your Representative and Senators now.
For the family of believers,
Blaine Conzatti
Director of Advocacy, Family Policy Alliance of Idaho