The Equal Rights Amendment (ERA) has a long and complex history in the United States, reflecting the nation’s evolving stance on gender equality.  First proposed in 1923 by suffragist Alice Paul, the ERA was designed to guarantee equal legal rights for all American citizens, regardless of sex.  The original text stated: “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.”

Congressional Approval and Ratification Efforts

After decades of advocacy, the ERA gained significant traction in the early 1970s.  In 1972, both houses of Congress approved the amendment, initiating the process for state ratifications.  An initial seven-year deadline was set for the required three-fourths (38) of state legislatures to ratify the amendment.  By 1977, 35 states had ratified the ERA, falling three states short of the necessary threshold.  In response, Congress extended the ratification deadline to June 30, 1982.  Despite this extension, no additional states ratified the amendment by the new deadline.

Renewed Advocacy and Recent Developments

The 21st century witnessed a resurgence in efforts to ratify the ERA.  Nevada ratified the amendment in 2017, followed by Illinois in 2018, and Virginia in 2020, bringing the total number of ratifying states to 38.  However, these late ratifications sparked legal debates regarding the validity of actions taken after the original and extended deadlines.  The Department of Justice opined that the expired deadlines rendered the recent ratifications ineffective, and the National Archives and Records Administration (NARA) refrained from certifying the amendment without a clear directive from Congress or the courts.

President Biden’s Declaration

On January 17, 2025, President Joe Biden declared that the Equal Rights Amendment should be considered a ratified addition to the U.S. Constitution, stating, “It is long past time to recognize the will of the American people.”  This announcement was largely symbolic, as the President does not possess the authority to amend the Constitution unilaterally.  The legal status of the ERA remains in limbo, with NARA maintaining its position of awaiting further guidance from Congress or the judiciary before taking action.

Implications for Educators

The ongoing discourse surrounding the ERA underscores the importance of civic education and engagement.  Educators play a crucial role in fostering an understanding of constitutional processes, the history of social movements, and the mechanisms through which citizens can advocate for change.  The ERA’s journey highlights the complexities of amending the Constitution and serves as a case study for discussions on gender equality, legal interpretation, and the interplay between different branches of government

New York Magazing  ERA Ratification Is Now Up to Trump’s Supreme Court

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Lesson Plan: Understanding the Equal Rights Amendment (ERA)

Grade Level: 9-12
Duration: 30 minutes
Objective: Students will understand the history, purpose, and potential impact of the Equal Rights Amendment (ERA) on American society, including both supporting and opposing perspectives.

1. Introduction (5 minutes)

Warm-Up Question:
Ask students: “What do you think equality under the law means? Can you name any amendments to the Constitution that protect equality?”

Brief Overview:
The Equal Rights Amendment (ERA) is a proposed amendment to the U.S. Constitution designed to ensure that equal rights cannot be denied or abridged based on sex. Its journey has been long and continues to be relevant today.

2. Key Background Information (10 minutes)

Timeline Highlights:

• 1923: ERA first proposed by Alice Paul, a suffragist who fought for women’s voting rights.
• 1972: Congress approved the ERA, but it required ratification by 38 states.
• 1982: Ratification deadline passed with only 35 states approving.
• 2017-2020: Nevada, Illinois, and Virginia became the 36th, 37th, and 38th states to ratify the ERA, sparking legal debates.
• 2025: President Joe Biden declared that the ERA should be recognized as part of the Constitution, but its legal status remains unresolved.

Key Points:

• The ERA’s primary goal is to provide explicit constitutional guarantees for gender equality.
• Its ratification could have implications for workplace rights, equal pay, and protections against gender discrimination.

Discussion Questions:

• Why do you think it took so long for the ERA to gain support?
• What challenges do you think remain for the ERA to become law?

Arguments For and Against the ERA:

Pros (Supporting the ERA):

• Ensures explicit constitutional protections for gender equality.
• Strengthens legal arguments against gender discrimination in areas like pay, employment, and education.
• Symbolically demonstrates the nation’s commitment to gender equality.

Cons (Critiquing the ERA):

• Some argue it could lead to unintended consequences, such as altering gender-based legal protections (e.g., women-only spaces or programs).
• Critics suggest it may duplicate protections already provided by the 14th Amendment and existing anti-discrimination laws.
• Legal uncertainties regarding retroactive applications and conflicts with states’ rights.

3. Activity: Debating the ERA (10 minutes)

Instructions:

1. Divide the class into two groups: one representing supporters of the ERA and the other representing critics.
2. Provide each group with a list of arguments for their side (from the pros and cons above).
3. Allow 5 minutes for groups to prepare their arguments.
4. Facilitate a 5-minute structured debate where each side presents their case, followed by rebuttals.

Debrief Questions:

• What were the strongest points made by each side?
• How do differing perspectives shape the conversation around constitutional amendments?

4. Closing Reflection (5 minutes)

Prompt: Ask students to write a short response to the question: “Why is it important to consider both supporting and opposing perspectives when debating amendments like the ERA? How can these debates shape society’s future?”

Optional Homework: Research one example of gender equality or inequality in the U.S. and explain how the ERA might address or complicate this issue.

Learning Goals:

• Students will be able to explain the history and purpose of the ERA.
• Students will analyze both supporting and opposing perspectives on the ERA.
• Students will reflect on the societal impacts of constitutional amendments.

Materials Needed:

• ERA timeline handout (or projector for visual timeline)
• Paper and writing utensils for reflection
• Internet access for optional homework assignment