Fifty Years Later, Voters Support Passing the Equal Rights Amendment
By Sabrina Jacobs
The leaked Supreme Court draft opinion overturning Roe v. Wade serves as an important reminder that women do not have equal protection under the law. By 1972, both chambers of Congress had passed the Equal Rights Amendment, a proposed constitutional amendment that would guarantee equal rights for all citizens regardless of sex. Unfortunately, two-thirds of the states did not ratify the ERA in time for it to be passed into law. Fifty years later, women are still fighting for abortion access, equal pay, and maternal healthcare. In the wake of the Dobbs v. Jackson Women’s Health Organization draft opinion, it’s crucial that we revive the ERA.
The Declaration of Independence says that “all men are created equal,” pointedly leaving women out of the equation. Interestingly, a new poll by Data for Progress finds 70 percent of voters mistakenly believe women and men are guaranteed equal rights in the Constitution.
The ERA was an important part of the women’s rights movement and second-wave feminism in the 1970s. Women like Shirley Chisholm, Bella Abzug, and Gloria Steinem were key in advocating for the ERA, starting the National Women’s Political Caucus, and organizing the first National Women's Conference. However, awareness surrounding the ERA has fallen in recent decades. According to recent polling, 53 percent of voters know “a little” about the ERA and only 23 percent know “a lot.”
Despite the need for an increase in ERA education, 85 percent of voters say that they would support Congress passing the Equal Rights Amendment, including 93 percent of Democrats, 79 percent of Independents, and 79 percent of Republicans.
Since the ERA wasn’t originally ratified by enough states, Congress would have to pass new legislation for it. After learning the ERA passed both chambers of Congress with two-thirds majority bipartisan support in 1972, 81 percent of voters say they would support such legislation.
A formal protection under law guaranteeing gender equality is not an anomaly. Countries like Canada, France, Ireland, Sweden, and Spain all have legislation ensuring that women have equal rights to men. For example, Sweden passed its gender equality policy in 1994 and France adopted the Act on Real Equality Between Men and Women in 2014. After learning about gender equality laws in other countries, 81 percent of voters say they would support the ERA, including 92 percent of Democrats, 78 percent of Independents, and 70 percent of Republicans.
Ensuring gender equality can have an overarching effect on many issues that are important to voters, such as maternal health and closing the wage gap. In order to continue working toward becoming a country where gender equality is protected by the Constitution, it’s crucial that we vote lawmakers into office who will fight for the Equal Rights Amendment. Fifty-seven percent of voters say they would be more likely to vote for a candidate who supported the ERA, including Democrats by a +67-point margin, Independents by a +46-point margin, and Republicans by a +23-point margin.
We may have lost the battle for the Equal Rights Amendment in 1972, but that doesn’t mean the fight is over in 2022. There is so much at stake for gender equality, and every protection that women have under the law makes a difference. Educating people about the ERA and forging a path forward for equal rights will guarantee a safer, more just country where women can thrive.
Sabrina Jacobs (@bri_jacobs) is a digital fellow at Data for Progress.