VIRGINIA’S ELECTION: AN HISTORIC VICTORY FOR ALL U.S. WOMEN
Women’s rights are one step closer to being enshrined in the U.S. Constitution, thanks to voters in Virginia, who on November 5th, elected a slew of candidates that support ratification of the Equal Rights Amendment (ERA).
Many Americans believe that men and women’s equal rights are guaranteed in the U.S. Constitution, but this is not the case. The ERA is a proposed constitutional amendment that would finally provide the strongest possible protections for women and girls by prohibiting discrimination on the basis of sex.
The ERA is critical to achieving legal equality in America. Without it, women and girls are only protected by piecemeal legislation, which as we are currently witnessing, can be eroded or reversed. The ERA provides a constitutional anchor from which we can tie permanent protections for women and girls.
Campaigners at both the national and grassroots levels played a critical role in positioning the ERA as a key election issue in Virginia, with many candidates making it a central part of their campaign. The ERA has proved popular with local voters, with over 80% of Virginians supporting it. Despite the fact that the amendment is popular with constituents, the House repeatedly prevented a vote on the resolution, most recently last winter when anti-Equality Delegates side-lined the bill into a subcommittee where it died.
All 140 seats in the Virginia state Senate and House were up for re-election in 2019, meaning voters had the chance to remove those delegates who had previously stymied the ERA from passing through the House. On November 5th, voters did just that and resoundingly elected pro-Equality candidates to represent them in both houses. The newly elected representatives are anticipated to bring the ERA vote to the floor in January 2020, where it is almost certain to pass.
The ERA was written by suffragist Alice Paul in 1923 and was passed by Congress in 1972 but fell three states short of what was needed to change the constitution. 37 states have now ratified the ERA, but in order for it to reach the constitutional threshold of approval, 38 states are required to do so. After the November 5th elections, Virginia is on target to be that state.
One further challenge is that the 1972 legislation included a seven-year deadline for ratification. But there are currently two bills pending in Congress to eliminate the deadline and in order for them to get to the floor, there needs to be a coordinated and bipartisan show of popular support.
With Virginia now on the cusp of ratifying the amendment, campaigners must continue to advocate at both the local and national level. Equality Now is a lead organization in the ERA Coalition, which brings together over 100 national and local organizations, all committed and enthusiastically working across the country to increase public awareness and understanding about the need for the ERA.
When it comes to constitutional protections for women, the United States is out of step with most of the world. Globally, 77 percent of countries have recognized the equality of women in their constitutions and it is high time for the US to catch up. Virginia’s election results bring the country one momentous step closer to that reality.
In the words of Supreme Court Justice Scalia, “Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t. Nobody ever thought that that’s what it meant. Nobody ever voted for that. If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws.” Let’s do just that.
The ERA will protect all individuals from discrimination based on sex, regardless of race, party, economic status or age. Equality is an American value, let’s stand together and demand that our Constitution reflect that.
