January 9, 2019 – Today, a Senate Panel in Virginia approved to move the proposed Equal Rights Amendment (ERA) which had passed Congress but needed to be ratified by three fourths of the states to be a Constitutional Amendment. That process has been ongoing since 1972. However, just last year, Illinois became the 37th state of the 38 states needed for ratification of the ERA. And, just today, a Senate Panel in Virginia voted to move the proposed ERA closer to fruition by putting it before the full Virginia legislature for a vote. These are exciting times for those who have struggled for decades to keep the ERA alive. Although the Virginia legislature still needs to vote on it, activists have been busy, and support has been garnered throughout Virginia.
Since the 1920’s – the Suffragists like Alice Paul worked to make women’s equality a mainstream phenomenon. Her work to make women and men equal partners in society overcame its first hurdle with the passage by Congress of Women’s Right to Vote which took place in 1919, to which the 19th Amendment was ratified in 1920–giving women the right to vote for the first time in US history.
Of course, some may argue that the ERA does not need passage and that women already have equal rights. Yet, that is a fallacy, as only some states provide equal rights to all its citizenry, male or female. As far as the US Constitution and federal law, women are not equal. In fact, in my recent interview with famed litigator, and women’s rights advocate, Wendy Murphy, she explained just why this is so important. She explained in our interview, that many who harass and rape women are often given probation. Some rapists even claim they are entitled to visitation rights to children they may have fathered as a result of their brutal attack and rape of their victims. The insanity goes on. Murphy explained, that it is “legal” to beat and exploit women because women are considered second class citizens under the law. To further her claims, she detailed how the new Secretary of Education, Betsy DeVos, is working to weaken civil rights for women and Title IX – a 1972 civil rights statute providing equal rights in education to women. Unfortunately, Title IX of the US Codewas originally framed as merely a “sports equity” statute–one that gives women equal footing with regard to sports–but this is a serious misnomer. Title IX is a civil rights statute–giving women equal footing with men in education–including hiring. Nevertheless, DeVos seeks to weaken Title IX protection for female sexual assault victims on college campuses–raising the bar too high to prove sexual assault and thereby assisting perpetrators at the expense of these victims. Ms. Murphy states that because women are not equal under federal law–the exploitation of women victims of sexual assault continues with impunity. She believes the passage of the ERA is one way to combat this disparity, once and for all.
Lastly, she discussed how the US is just one state away from ratification of the ERA. And that activists groups such as “Equal Means Equal” is at the forefront of this battle–like Alice Paul in the early 1900’s, Equal Means Equal is pushing the ERA through the last remaining states need for the 38 state ratification. But of course, the road ahead may not be so easy, as some claim that the time for ratification of the ERA has long passed over 30 years ago. But of course, the law is not hard and fast on the issue, and many Constitutional scholars are weighing in–this is not the first time a date for ratification has been extended.
Right now, we are in a “wait and see” mode–will Virginia be the 38th state to ratify the amendment to make it a Constitutional Amendment. History is now in the making–within a few days or a few weeks we may have that answer. After 100 years since Congress passed the Right to Vote for Women in 1919–Alice Paul’s legacy of promoting Equal Rights for Women and her quest for social equality may very well be realized this year.
To learn more, watch on The Legal Edition: Sexual Assault, Recent Judgments & #MeToo – Is America Moving Closer to Equal Rights for All?
**Article Update: As of January 15, 2020, Virginia became the 38th state needed for Ratification of the ERA. However, there are several new hurdles in the way, including some states rescinding ratification, and some in Congress claiming the time for Ratification has come and gone. Congress had approved the ERA in 1972 with a ratification deadline set for 1979, of which was extended to 1982. Once again, the fight for equal rights goes on…and as a result, Equal Rights for Women is gong to have to wait a bit longer. To be continued.