Where We Stand: Equal Rights Amendment
To guarantee equality, individual rights, and social justice for a diverse and inclusive society, AAUW advocates the recognition and publication of the Equal Rights Amendment.
The majority of Americans mistakenly believe that women and men have equal rights under the Constitution. The 14th Amendment of the Constitution explicitly states that men are guaranteed equality under law but is poignantly silent about women. Women’s equality under law has advanced incrementally through patchwork legislation and court decisions, but remains illusory as these protections can be weakened or even revoked at the whim of legislators and judges. The Equal Rights Amendment (ERA) would provide, once and for all, the constitutional guarantee of gender equality under the law and that these rights cannot easily be abridged.
What It Says: The Equal Rights Amendment
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.
Section 2:
The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
Section 3:
This amendment shall take effect two years after the date of ratification.
Why We Need the ERA
The U.S. Constitution does not explicitly guarantee equal rights regardless of sex.
That means sex discrimination doesn’t get the same legal protection as other types of discrimination—like those based on race, religion, or national origin. Courts often use a lower standard when reviewing sex-based discrimination, which makes it easier for unfair laws or policies to stand.
The Equal Rights Amendment (ERA) would fix this.
- By adding sex equality to the Constitution, the ERA would:
- Require courts to treat sex discrimination as seriously as other forms of discrimination
- Put the burden of proof on those who discriminate—not the people fighting for fairness
- Strengthen protections in areas like education, pay equity, workplace rights, and access to public services
Without the ERA, progress can be rolled back. Laws and court decisions that protect against sex discrimination are vulnerable to political shifts and legal challenges.
This Affects Everyone
The lack of constitutional equality impacts people of all genders and backgrounds—especially women of color, LGBTQ+ individuals, and those facing multiple layers of discrimination. The ERA is about more than one group’s rights. It’s about ensuring fairness and equal protection under the law for everyone.
The Winding Path to Ratifying the ERA
The Equal Rights Amendment (ERA) was first introduced in Congress in 1923 and reintroduced every year until it finally passed in 1972.
To become part of the Constitution, the ERA needed approval from three-fourths of the states. Congress originally gave states until 1979 to ratify it—later extending the deadline to 1982. By that time, 35 states had ratified the ERA—just three states short of the requirement.
A Renewed Push for Equality
Momentum picked up again decades later:
- 2017 – Nevada ratified the ERA
- 2018 – Illinois followed
- 2020 – Virginia became the 38th state, meeting the constitutional threshold
What’s the Hold-Up?
Although the required number of states have ratified the ERA, a time limit set by Congress has created legal and political debate about whether the amendment can be recognized.
AAUW supports the legal argument that the ERA has met all constitutional requirements to become the 28th Amendment. In fact, AAUW joined an Amicus Curiae brief in Virginia, Illinois, and Nevada v. Ferriero v. Alabama to make that case in court.
Why Congressional Resolutions Still Matter
While the legal case for the ERA is strong, public education and advocacy remain critical. AAUW supports current congressional resolutions to remove the ratification deadline—not only as a legislative strategy, but also as a powerful tool to educate the public and build momentum.
These resolutions help keep the ERA in the spotlight until it is fully recognized and enforced as part of the Constitution.
AAUW’s Commitment
AAUW is a member of the ERA National Strategy Task Force and supports a multi-branch approach—through the courts, Congress, and the executive branch—to ensure the ERA is not just symbolic, but enforceable.
We believe that constitutional equality cannot wait—and we’re committed to making the ERA a reality.
Additional Resources
ERA State Ratification Map & Resources