Week 7(1)

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Apr 3, 2024

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Week 7 Option One: The Equal Rights Amendment was first proposed in 1923 and passed the Senate in 1972. (Horowitz, 2020) They were given a deadline of 1982 to get 3 ⁄ 4 th of the states approval to add the Amendment to the Constitution. Through the years, many states have added it to their constitution, most recently (2020) Virginia was the 38th state to do this. (Horowitz, 2020) The support around the Equal Rights Amendment varies, even in 2023. In the 1960’s people were fearful that introducing the ERA would infringe on privacy rights in places like bathrooms and prisons, as equal rights could create shared spaces. (Nobel, 2013) Much like the basis of segregation. Today, many supporters are Educated Democrats, while Republican Women favor the Amendment over Republican Men. Of people who favor adding the amendment to the Constitution, 44% believe it “won't make much of a difference”. (Horowitz, 2020) Horowitz research in 2020 asked people about inequalities that women face compared to men, making them unequal, more than ¾ of people say sexual harassment is a major obstacle. Other societal challenges are not having the same legal rights, different expectations for women than men, not enough women in power, and more family responsibilities. (Horowitz, 2020) It is surprising that in 2023, these issues still exist. The 1970 proposal of the Equal Rights Amendment included: 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." (U.S. Const. HR.Res 208) The Equal Rights Amendment was specifically created for the protection of rights based on gender, it was introduced in the 1920’s and went to Congress in the 1970’s. It did not become part of the U.S. Constitution as of 2023, because it didn't get enough support from the states. (Horowitz, 2020) The Amendment also gives Congress power to enforce it. This fight for Women's rights proved necessary in 1963, when Kennedy and Johnson showed strong opposition to the Women's Rights Movement. Kennedy set up a Commission of the Status of Women who found that the Fourteenth and Fifteenth Amendments were satisfactory in Women's rights. (Nobel, 2012) Feminism would continue to grow stronger. (Nobel, 2012) The Fourteenth Amendment stated: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens

of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.” Section two also states that if the State does deny these rights, such as the right to vote for male citizens, it may lose representation in Congress. (U.S. Const. Amend XIV) The Fourteenth Amendment was ratified in 1868 and it reversed Dred Scott. (Greenberg & Page, 2018, p. 465) Its purpose was to grant civil rights to newly freed slaves. The textbook describes civil rights as equal treatment by the government regarding political programs, laws and political rights. (Greenberg & Page, 2018, p. 465) This was a century before the ERA was ratified, and it only took 2 years to be passed. Its main focus is due process and equal protection under the law. (U.S. Const. Amend XIV) Due Process is the prot4ection against unjust government action. (Greenberg & Page, 2018, p. 467)The Amendment was used to extend these rights at the state level, prohibiting them from being able to alter it. This is called the Privileges or Immunities Clause (Greenberg & Page, 2018, p. 467) Section 2 of the Fourteenth Amendment specifies and enforces the right to vote for all Males over 21. The ERA and the Fourteenth Amendment both address due process and equal protection under law. They both also focus on Equality of citizens under law and anti-discrimination, one for Freed Slaves while the other, many years later, for Women. They’re similar in that it specifies that the United States and individual States can not change or restrict these laws. Both use Congress to enforce their rights. The ERA used Congress power while the 14th established explicit consequences for disobeying the law. The Women's right to vote had not been established yet, therefore the Fourteenth Amendment is specifically for Men. The Fourteenth Amendment was created right after the Civil War, so the historical context of it is significantly different then of the Equal Rights Amendment. Before the Civil War, both African Americnas and women had no civil rights. (Greenberg & Page, 2018, 466) Since the ERA has not yet been added to the Constitution, when women were asked, by Horowitz, in 2020 about the important milestones in Women's rights, the majority cited Women's Suffrage and the Equal Pay Act. (Horowitz, 2020) Many women also believe that feminism helped White, Black and Hispanic Women. Most men in the United States feel that men have paid for women's rights. (Horowitz, 2020) As of January 2023, Congress has started a motion to remove the deadline for the Equal Rights Amendment and in July was ratified and passed on to the Judiciary. (H.J.Res 25, 2023-2024) Even though it only took 2 years to pass and ratify the Fourteenth Amendment, it wasn't until the Civil Rights Movement in the 1950’s, that it was taken seriously (Greenberg & Page, 2018, p. 469) 100 years apart, the Fourteenth Amendment and the Equal Rights Amendment seemingly

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