Overview
LWVUS has supported and pushed for ratification of the Equal Rights Amendment (ERA) since it was first passed by Congress in 1972. In January of 2020, Virginia became the 38th and final state needed to ratify the ERA. As the ERA has met all requirements to be added to the US Constitution, the League is pushing for it to be officially recognized as the 28th Amendment!
In this toolkit, you will find talking points and resources for Leagues to use in our nationwide push for ERA inclusion in the Constitution. If you have any questions, please contact [email protected].
Talking Points
What is the ERA?
- The ERA constitutionally protects the equality of rights under the law, regardless of sex.
- The text of the ERA reads: "Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. Sec. 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. Sec. 3. This amendment shall take effect two years after the date of ratification."
- The amendment was introduced by suffragist Alice Paul in 1923. It was passed by Congress in 1972 with more than the necessary 2/3 vote, and in 2020 it passed the 38-state threshold (¾ of states) for ratification.
Why do we need the ERA?
- More than 100 years after some women gained the right to vote, women continue to battle systematic discrimination in the form of unequal pay, workplace harassment, pregnancy discrimination, domestic violence, limited access to comprehensive health care, and more.
- We must address the root cause of inequality by amending our Constitution.
- The ERA will elevate the standards by which the courts scrutinize sex-based discrimination, protect against the rollback of rights, and pave the way for further legislative progress towards sex and gender equality.
What happens to the ERA now?
- As per Article V of the Constitution, which establishes the amendment process, an amendment becomes part of the Constitution when it is passed by 2/3 of both chambers of Congress and ratified by ¾ of the state legislatures.
- As the ERA has met all ratification requirements, the national Archivist can proceed with final certification of the amendment.
- When Congress passed the ERA in 1972, it put in the preamble of the amendment a time limit for ratification. As the time limit passed before all 38 states ratified the amendment, Congress can take action to affirm that the ERA is valid.
- There is a joint resolution (S.J. Res. 4/H.J. Res. 25) in Congress that affirms that the ERA is a valid part of the Constitution and that addresses the question of a ratification time limit.
LWV support of the ERA
- LWV has fought hard for passage and ratification of the ERA since the 1970s.
- LWV supports...
- Equal rights for all under state and federal law regardless of sex, race, color, gender, religion, national origin, age, sexual orientation, or disability;
- Final publication of the fully ratified ERA; and
- Efforts to bring existing laws into compliance with the goals of the ERA.
- LWV seeks to secure equal rights and equal opportunity for all. We promote social and economic justice and the health and safety of all Americans.
- Leagues across the country have worked to engage state and federal lawmakers and the executive branch and organize at the grassroots level to ensure equal rights for all, regardless of sex.
- This year, LWVUS and state Leagues from all 50 states and the District of Columbia sent a letter to members of Congress and the White House urging action for the immediate publication of the ERA in the US Constitution (read press release here).
What people can do to support the ERA?
- Support ERA certification by urging Congress to support S.J. Res. 4/H.J. Res. 25 to ensure that the ERA is published.
- Talk with friends and family about the importance of the ERA.
TAKE ACTION: TELL CONGRESS THAT EQUALITY BELONGS IN THE CONSTITUTION
Additional Resources
- LWV ERA One-pager (click to download)
- Frequently Asked Questions (FAQs) on policy, implementation, and other issues related to the ERA
- Blog post on the ERA's ratification journey
- State League template letter to senators (click to download)
- Check if your senator(s) already supports S.J. Res. 4 here
- State League action alert template (click to download)
- Statistics to relate COVID to your ERA Advocacy Work
- LWV is a member of the ERA Coalition. Check out their resources on their website.
Traditional Media
- Letter to the Editor Template (automatic download)
- Check if your senator(s) already supports S.J. Res. 4 here
Social Media
We encourage Leagues to use our premade graphics and sample templates when promoting the ERA action alert. Click the button below to download premade graphics:
CLICK TO DOWNLOAD: ERA GRAPHICS
Sample Captions
- Tell Congress that equality belongs in the Constitution. Congress must #AffirmTheERA!! ➡️ https://bit.ly/3XPJFPl
- Equal rights regardless of sex should be enshrined in our Constitution! Tell Congress to ensure that the ERA is published! ➡️ https://bit.ly/3XPJFPl