The Equal Rights Amendment Has Passed-- Who knew?

-by Helen Klein

I do keep up with the news a great deal and did not know this. Did you? Where has the mainstream media been? Missing in action as usual.

Yesterday while perusing one of my favorite sites, Daily Kos, I came across this:

Women Are People; The Constitution Must Recognize that Fact by Robert S. McElvaine. This excellent historical review of the drive to pass the Equal Rights Amendment is a must read if you are a woman in the USA. And maybe if you are a man, too! A few facts astounded me. 

The first fact that really drew my attention was rather mind blowing. The United Nations Convention on the Elimination of All Forms of Discrimination Against Women was ratified by 187 of 194 countries. You know who the seven countries were that voted against it? Iran, the Vatican, Somalia, Sudan, three small Pacific islands and the United States of America! Wow. Pathetic, abominable, inexplicable, shameful and horrific. Who the hell are we? Not supporters of women, apparently and blatantly.

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), adopted in 1979 by the UN General Assembly, is often described as an international bill of rights for women. Consisting of a preamble and 30 articles, it defines what constitutes discrimination against women and sets up an agenda for national action to end such discrimination.

The Convention defines discrimination against women as "...any distinction, exclusion or restriction made on the basis of sex which has the effect or purpose of impairing or nullifying the recognition, enjoyment or exercise by women, irrespective of their marital status, on a basis of equality of men and women, of human rights and fundamental freedoms in the political, economic, social, cultural, civil or any other field."

In 1920, women got the vote via the 19th Amendment. Three years later, one hundred years ago this week, the ERA was introduced in Congress but despite many efforts over the years, it was not passed until 1972. Then, seven years later, in 1979, the USA did not ratify the United Nations bill. Why? A freaking good question. Right wing politics, that's why. Also, the requirements for passage in Congress are extremely high.

A large coalition of NGOs supports U.S. ratification. CEDAW itself has grown more powerful. Yet none of those changes has provided sufficient impetus for ratification, primarily because these factors also heightened the motivations for anti-feminist and pro-life advocates within the United States to oppose CEDAW. As conservative organizations in the United States realized that CEDAW had become a powerful tool to effect change on the international and domestic levels, they sharpened their efforts to oppose it. Focused and well organized grassroots opposition has prevented legislation recommending ratification of CEDAW from making it to a vote on the Senate floor. Ultimately, the answer to the question of why the United States has not ratified CEDAW is that the stakes of doing so are high for both sides. CEDAW matters.

 ...[I]t is more difficult to ratify treaties in the United States than in other countries. The requirements for ratification– presidential support and a two-thirds vote of the Senate– are higher than almost any other country in the world. These institutional rules magnify the power of domestic opposition to derail treaty ratification. At several points of time in the last thirty years, CEDAW opponents have proven sufficiently powerful to overcome opportunities that would otherwise bode well for ratification. Changes in the geopolitical climate have created conditions that we might expect would be propitious for CEDAW ratification– but domestic opposition has steadfastly prevented it from moving forward.

The next step to finalize the ERA required three fourths of the states to ratify it but until recently only 35 of the required 38 states did so. 

In March 2017, Nevada ratified it. Illinois followed in 2018. In 2020, Virginia did so. The benchmark of 38 states was reached! 

So why isn't the ERA the 28th Amendment to the Constitution? Another freaking good question.

I was even more shocked to read the last few paragraphs. 

A problem was that there was a time limit to reach ratification and this had expired in 1982. However, advocates of the ERA claim that time limits cannot apply to the ratification of Constitutional Amendments. They have been pressing the Archivist of the USA to publish the ERA as an official part of the Constitution. The administration of TFG, however, blocked it. What a surprise. NOT!

When Alito leaked the the draft opinion of the Supreme Court to end DOBBS, the Biden administration was urged by women's rights groups to have the ELA published immediately to provide more fuel to recognize women's reproductive rights. This, however, did not happen. How come, you ask?  Another freaking good question. I do not hear anyone asking it of Biden.

In the coming election year, with women's reproductive rights and abortion being major issues, it would be an amazing political move by Biden to address the ERA and put it into the Constitution. This would be a HUGE and history making step for him to take and would demonstrate his strong commitment to women's rights. It would be a BIG WIN for him in the upcoming election with women and men who care about women. 

I request the MSM to please, please make this a front and center issue and pressure Biden to do so. Will they listen?