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In spite of the 14th Amendment to protect all persons in the USA but include "male citizens"; and the Civil Rights Act of 1964 with the Equal Protection Clause relating to public accommodations only; the Federal and local courts are still unsure about whether women's rights are violated.

ERA Comeback!

On March 27, 2007, the ERA as called now, "Women's Equality Amendment" was recently reintroduced in both House of Representatives and Senate in Congress. The bill proposal was introduced as H.J Res. 40 and S.J. Res. 10. On a positive approach, there are no deadline for ratification process.

History of the ERA:

1900 - 1929

The 14th Amendment: "All persons born or naturalized in the U.S.".. and the 15th Amendment: "the right of citizens to vote shall not be denied or abridged..on account of race, color or previous condition of servitude".

On October 15, 1872, Mrs. Virginia Minor, a native born, free, white citizen of the United States, in Missouri, over the age of twenty-one years, who wished to vote for President and Vice-President of the United States, for a representative in Congress, and for other officers at the general election in November, 1872, applied to Mr. Happersett, the registrar of voters, for voter registration form as a lawful voter, which he refused to do because she was not a 'male citizen of the United States,' but a woman. She then sued him in one State court in Missouri, for willfully refusing to place her name upon the list of registered voters.

In 1875, the Supreme Court in Minor v. Happersett said, "while women may be citizens, all citizens were not necessarily voters; and states were not required to all women to vote."

Photo credit to the Liberty of Congress

However, that was when the 19th Amendment came in to extend voting rights to all women in the United States. Afterwards, the Equal Rights Amendment (ERA) was first introduced to Congress in 1923 by Alice Paul and Lucy Burns to make all forms of sexual discrimination illegal. However, the ERA amendment was failed to gain support.

Some feminists in 19th century believed strongly about its importance of the ERA because of some reasons that more women began entering in the industrial work force especially during the World War I and needed a kind of protection against long hours and poor conditions. Unfortunately at that time the majority was not ready to accept the equality among women and men. One of the opponents was Eleanor Roosevelt who believed that women needed the government help and should not be forced into the workplace to compete with men.

1930 - 1959

There was a great change in social status, political involvement and placement in the workplaces. Some disadvantages were that women had the right to vote but were still banned from holding public office, and earned one-half of men's earnings until the Equal Pay Act of 1963.

In 1950, there was about 33.9% women in the labor force. During the World War II, with the introduction of the "Rosie the Riveter", the participation rate of women in the labor force had drastically increased.

1960 - 1989

Civil Rights' March in Washington, DC was to fight for the rights of all, not just women. That was when Civil Rights Act of 1964 became a reality.

In 1970s, the Equal Rights Amendment was reintroduced but was failed due to short of three (3) states of 38 states as two-third majority in order for ratification (or approval) after a seven year time limit on the amendment proposal since it was reintroduced in 1972 for a second time.

ERA proponents blamed on men because women were still underrepresented in national and local legislatures. There were no trade associations, no businessman's alliances, no Chamber of Commerce, and no National Association of Manufacturers to support the ERA. One of the worst enemies was Insurance Industry. It was believed that women unfairly paid more than men for health and disability insurance. Also, women had shorter hospital stays than men did, and fewer injuries on the job. Insurance denied that differing rate structures for men and women were inequitable.

1990 - Present

In spite of the Equal Pay Act of 1963, unequal pay for equal work is still unresolved for women in the United States. ($0.74 for every $1.00).

On March 2007, the Equal Rights Amendment was reintroduced for a third time in hope to gain three more states to meet two-third majority for ratification. It was called as "three-state strategy" while keeping the existing 35 states for ratification alive in according to the 27th Amendment ("Madison" Amendment).

On May 2007, the committee in Louisiana decided not to send the ERA ratification to the House of Representatives for a full vote. On April 2007, ERA proponents began the statewide campaign in Arkansas.

Some opponents are worried if the ERA is ratified about abortion, same sex marriage, women's protection with the labor force against limitations on physical on job, re-ordering traditional genders. Some opponents believed that ERA did not help women but hurt them more. In fact, those issues are nothing to do with the ERA except only sex discrimination. Importantly, it stresses on the equality based on the sex and gender.