The Equal Rights Amendment, Then and Now

The Oxford Handbook of Feminism and Law in the United States (Deborah Brake, Martha Chamallas, & Verna Williams eds. 2021)

28 Pages Posted: 10 May 2021

See all articles by Julie C. Suk

Julie C. Suk

Fordham University School of Law; Yale Law School; University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Date Written: May 6, 2021

Abstract

One hundred years in the making, the Equal Rights Amendment is the only proposed amendment to the U.S. Constitution that has met the requirements of Article V of the Constitution but has not been added to the Constitution due to a congressionally imposed ratification deadline. The Amendment guarantees that “[e]quality of rights shall not be denied or abridged by the United States or by any state on account of sex,” like gender equality guarantees in most constitutions around the world. This Essay exposes the unique trajectory of the Equal Rights Amendment to shed light on the process of feminist constitutional change and the evolution of substantive feminist legal aspirations. The revival of the ERA ratification process, decades after Congress’s deadlines, has generated transgenerational public meanings for a new body of gender equality law and public policy.

Keywords: Equal Rights Amendment, legal feminism, women, gender, constitutional amendment

Suggested Citation

Suk, Julie C., The Equal Rights Amendment, Then and Now (May 6, 2021). The Oxford Handbook of Feminism and Law in the United States (Deborah Brake, Martha Chamallas, & Verna Williams eds. 2021), Available at SSRN: https://ssrn.com/abstract=3841112 or http://dx.doi.org/10.2139/ssrn.3841112

Julie C. Suk (Contact Author)

Fordham University School of Law ( email )

140 West 62nd Street
New York, NY 10023
United States

Yale Law School

P.O. Box 208215
New Haven, CT 06520-8215
United States

University of California, Berkeley - Berkeley Center on Comparative Equality & Anti-Discrimination Law

Boalt Hall
Berkeley, CA 94720-7200
United States

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