FACTS ABOUT THE EQUAL RIGHTS AMENDMENT (ERA)

The ERA is the proposed amendment to the U.S. Constitution that would provide for equal rights for men and women.  It was first introduced in 1923.

The pertinent text of the ERA reads “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” 

Right now the U.S. Constitution does not explicitly state that men and women have equal rights under the law.  The ERA would make that clear for the first time in U.S. history. 

The most important effect of the ERA would be to clarify the status of sex discrimination for the courts, whose decisions still show confusion about how to deal with such claims.  The ERA would require that classifications in the laws based on sex  be treated by the courts as “suspect,” just like classifications based on race, religion and national origin.  Courts would review the classifications based on sex with the same high level of “strict scrutiny” and justification as classifications based on race, religion and national origin.  Courts do not currently do this under the equal protection clause of the 14^th amendment.   

Without the ERA, laws granting men and women equal rights can be repealed and  court decisions can be reversed or overruled. 

If ratified by 38 States, the ERA would become the 28^th amendment to the U.S. Constitution.  So far, 35 States have ratified the ERA.   

Florida is one of the 15 States that has not ratified the ERA.   

House Concurrent Resolution 203 and Senate Joint Resolution 94 have been filed in the Florida Legislature in 2005 calling for Florida’s ratification of the ERA.  Similar resolutions were also filed in 2004 and 2003. 

In 1998 Florida voters, by a margin of 65% to 35%, approved a similar amendment to the Florida Constitution when they approved of Revision 9.  Therefore, ratification of the federal ERA would be fully consistent with the will of the voters of Florida. 

Information on the ERA can be obtained from the following websites:  www.equalrightsamendment.org and www.ERACampaign.net.