It’s time for Illinois to ratify ERA

GUESTWORK | Susan Allen

Once more, the State of Illinois has an opportunity to ratify the Equal Rights Amendment to the U.S. Constitution. It should act to do so quickly. The ERA quite simply establishes gender equality under the law. The amendment reads as follows: “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.”

The ERA was first introduced in the U.S.

Congress in 1923 by Susan B. Anthony’s nephew, Daniel Anthony, a congressman from Kansas. After that, it was introduced in Congress each year until its passage in 1972. Historically, support for the ERA has been nonpartisan. In 1958, President Dwight Eisenhower asked a joint session of Congress to pass the Equal Rights Amendment, the first president to show such a level of support for the amendment. President Richard Nixon immediately endorsed the ERA’s approval after its adoption by the 92nd Congress in 1972.

Many states ratified the ERA early in the process, 22 in the first year. Thirty-five states have ratified the amendment by now, and three more state approvals are needed for it to become effective. The Illinois Senate voted to ratify the ERA earlier this year. The Illinois House can take up the amendment in the veto session or in the lame duck session, before the new legislature is sworn in.

The original deadline for ERA ratification was 1979. Since that time, Congress extended the deadline to 1982. There have been continuing efforts to extend the deadline. Article V of the U.S. Constitution gives Congress uniquely broad authority over the amendment process, and Supreme Court decisions support this position. Further, the Twenty-Seventh Amendment, proposed by James Madison, was ratified in 1992, after having been pending for 203 years. The lengthy history of the “Madison” amendment supports the assertion that proposed amendments that do not include time limits within the amendment text itself remain viable and eligible for ratification indefinitely.

The Illinois General Assembly failed to ratify the ERA 30 years ago for reasons that are no longer meaningful. In fact, one of the reasons used to defeat the amendment then – that it would call for women to serve in the Armed Forces alongside men – is a reason to support the amendment now. Illinois women have served and died in armed conflict, and they deserve a Constitution that recognizes gender equality. In fact, most of the world’s developed nations have constitutional protection against gender discrimination.

Illinois and 22 other states have ERA provisions in their constitutions. Forty years of experience with these state ERAs prove the benefits of equality to both men and women. Most people support equal rights for men and women. Ninety-six percent of Americans responding to a poll said that they believe that male and female citizens of the U.S. should have equal rights. Eightyeight percent believe that the Constitution should make it clear that men and women are supposed to have equal rights. The Illinois legislature should act to reflect the will of the people. Ratify the ERA now.

Susan Allen is public policy co-chair of the American Association of University Women, Springfield Branch.