Opinion on the Equal Rights Amendment: There are no qualifiers in equality

Cover image: Former Rep. Betty Folliard during the ERA presentation.

The Equal Rights Amendment and why it matters today

By M Yeager

On Thursday, Nov. 16, the Civic Engagement Collective held an event with former Minnesota Rep. Betty Folliard to explain the push for the Equal Rights Amendment (ERA) in Minnesota. Folliard founded ERA Minnesota in 2014, and her presentation covered the federal ERA and the state ERA.

ERA Minnesota is fighting to add the ERA to the Minnesota constitution on the first day of the 2024 legislative session so that it can be on the 2024 ballot. Once it is on the ballot, if the majority of voters choose to ratify the amendment, it will be put into effect immediately.

What is the ERA anyway?

The federal ERA: “Equality of rights under the law should not be denied or abridged by the United States or by any State on account of sex.” Credit: Alice Paul Institute.

The federal ERA: “Equality of rights under the law should not be denied or abridged by the United States or by any State on account of sex.” Credit: Alice Paul Institute.

The ERA is a proposed amendment to the constitution that was written in July 1923 in Seneca Falls, N.Y. by Alice Paul and Crystal Eastman. It was introduced to Congress in the same year, and both political parties put the ERA on their platform in the 1940s. In 1972, the ERA passed through Congress and quickly was ratified by 35 of the 38 required states. When Congress passed the amendment, a seven-year time limit was put on it. In 1978, the National Organization of Women led a march in Washington, D.C. for an indefinite extension of the time limit. Congress extended the deadline until June 1982, but it expired before 38 states ratified the amendment. The ERA has been introduced in every Congress session since.

In 2020, Virginia became the 38th state to ratify the ERA, meeting the ratification requirement set out by Article V of the U.S. Constitution. Now, the fight is centered on removing the extratextual time limit for ratification on the federal ERA.

Why the ERA? Why the ERA now?

The ERA being ratified as the 28th amendment of the U.S. Constitution would protect the rights of people based on sex for future generations without the worry of rollbacks or repeals by future legislatures. “Laws are only as strong as the constitutional language behind them,” said Folliard. “They can be unenforced, changed or repealed. [...] The Equal Rights Amendment would give the same level of scrutiny to sex discrimination as the constitution gives to race, religion and national origin.”

Minnesota’s ERA Bill: “Equality under the law should not be abridged or denied by this state or any of its cities, counties, or other political subdivisions on account of race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry, or national origin.” This bill borrows the language from Nevada’s now ratified state ERA. Credit: ERA Minnesota.

There are currently 27 states with a state ERA. New York’s ERA, which will be on the 2024 ballot, is the first in the nation with explicit protections for reproductive rights. This is especially important in the wake of the June 2022 overturning of Roe v. Wade. ERA Minnesota is working on including the same language in Minnesota’s own ERA. The passing of the ERA in Minnesota would not only protect the rights of citizens for future generations, but it would also send a message to the rest of the country about the importance of this federal amendment.

The Civic Engagement Collective and student views

The Civic Engagement Collective focuses on the importance of civic education and democratic practice at St. Kate’s. “We host events and education on who the elected official is, how they work for you, how to access them, educating them on what you care about,” said D’Ann Urbaniak Lesch, director of the Office of Scholarly Engagement.

A wide range of people attended this presentation, from several Sisters of St. Joseph to professors, students and staff. Attendees’ knowledge of the ERA before the presentation was varied as well. “I’ve done advocacy work on the ERA before,” said Josi Aguilera ‘25 (International Studies/Political Science). “I worked with the Sisters of St. Joseph last year and did campaigns here on campus, collecting postcards in favor of it. It’s something I really care about.”

Another student who attended had less knowledge of the ERA before attending. “I didn’t know much about the ERA before today,” said Mollie Pierson ‘25 (Sociology/Economics), “but I deeply care about equal rights for everybody, so I came here to educate myself.”

In an increasingly turbulent and polarized country, securing the basic rights of every citizen is essential. The ratification and the final documentation of the Equal Rights Amendment as the 28th Amendment of the constitution would secure those rights for those now and in the future, without the risk of it being overturned or repealed. As Folliard stated during her presentation, “There are no qualifiers in equality,” and the time is now.

For more information on the ERA both federally and within the state of Minnesota, visit www.equalrightsamendment.org and www.eramn.org.