Publications
Publications
- February 2016 (Revised April 2017)
- HBS Case Collection
Democracy and Women's Rights in America: The Fight over the ERA
By: David Moss, Amy Smekar, Dean Grodzins, Rachel Wilf and Marc Campasano
Abstract
On the afternoon of June 21, 1982, the Florida Senate prepared to vote on whether to ratify the proposed Equal Rights Amendment (ERA) to the U.S. Constitution, which stated that “Equality of Rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” Supporters believed the ERA was essential to winning equal rights for women. Opponents claimed that the proposed amendment would dangerously expand federal power over the states, remove needed protections for women, and undermine the American family.
When Congress had sent the ERA to the states for ratification, in March 1972, it had done so through a joint resolution stipulating that state legislatures had to ratify it within seven years. As the deadline neared, however, only 35 of the requisite 38 states had voted to ratify the amendment, four of which later voted to rescind ratification, though ERA supporters questioned the constitutionality of rescission. In October 1978, Congress extended the ratification deadline to June 30, 1982, a move that ERA opponents denounced as unconstitutional. Over the next several years, one more state voted to rescind, and no new states ratified.
In 1982, ERA supporters made a final push for ratification. That June, the governor of Florida, an ERA supporter, called the state legislature into special session to consider, among other issues, approval of the ERA. If Florida ratified, supporters hoped that Illinois and either Oklahoma or North Carolina would quickly follow. On June 21, thousands of demonstrators, both for and against the amendment, converged on the state capitol in Tallahassee. That morning, the Florida House voted in favor of the ERA, 60 to 58. Now it was up to the Florida Senate to decide whether to ratify the amendment or to kill it.
When Congress had sent the ERA to the states for ratification, in March 1972, it had done so through a joint resolution stipulating that state legislatures had to ratify it within seven years. As the deadline neared, however, only 35 of the requisite 38 states had voted to ratify the amendment, four of which later voted to rescind ratification, though ERA supporters questioned the constitutionality of rescission. In October 1978, Congress extended the ratification deadline to June 30, 1982, a move that ERA opponents denounced as unconstitutional. Over the next several years, one more state voted to rescind, and no new states ratified.
In 1982, ERA supporters made a final push for ratification. That June, the governor of Florida, an ERA supporter, called the state legislature into special session to consider, among other issues, approval of the ERA. If Florida ratified, supporters hoped that Illinois and either Oklahoma or North Carolina would quickly follow. On June 21, thousands of demonstrators, both for and against the amendment, converged on the state capitol in Tallahassee. That morning, the Florida House voted in favor of the ERA, 60 to 58. Now it was up to the Florida Senate to decide whether to ratify the amendment or to kill it.
Keywords
Citation
Moss, David, Amy Smekar, Dean Grodzins, Rachel Wilf, and Marc Campasano. "Democracy and Women's Rights in America: The Fight over the ERA." Harvard Business School Case 716-041, February 2016. (Revised April 2017.)