Rights Amendment; National Federation of Republican Women; National
Organization for Women; National Woman’s Party; National Women’s
Political Caucus; Nineteenth Amendment; Parks, Rosa Louise McCauley; Paul,
Alice; President’s Commission on the Status of Women; President’s Task Force
on Women’s Rights and Responsibilities; Protective Legislation; Republican
Party, Women in the; Roe v. Wade; Roosevelt, Eleanor; St. George, Katharine
Delano Price Collier; Schlafly, Phyllis Stewart; Seneca Falls Convention; Sex
Discrimination; Suffrage; Women’s Educational Equity Act of 1974
References Berry, Why ERA Failed: Politics, Women’s Rights, and the Amending
Process of the Constitution (1986); Boles, “Building Support for the ERA:
A Case of ‘Too Much, Too Late’” (1982); Carroll, “Direct Action and
Constitutional Rights: The Case of the ERA” (1986); Congressional
Quarterly Almanac, 91st Congress, 2nd Session . . . 1970 (1970);
Congressional Quarterly Almanac, 92nd Congress, 1st Session . . . 1971
(1972); Congressional Quarterly Almanac, 92nd Congress, 2nd Session . . .
1972 (1972); Congressional Quarterly Almanac, 98th Congress, 1st Session . . .
1983 (1984); Felsenthal, The Biography of Phyllis Schlafly (1982); Freeman,
“From Protection to Equal Opportunity: The Revolution in Women’s Legal
Status” (1990); Harrison, On Account of Sex (1988).
Equal Rights Amendments, State
Nineteen states have equal rights sections or provisions in their state con-
stitutions or have added equal rights amendments to their state constitu-
tions, although these provisions vary in their scope and in the ways that
state courts have interpreted them. The states with equal rights provisions
and the dates of passage are Alaska (1972), Colorado (1972), Connecticut
(1974), Florida (1998), Hawaii (1972), Illinois (1970), Iowa (1998), Louisi-
ana (1974), Maryland (1972), Massachusetts (1976), Montana (1972), New
Hampshire (1975), New Mexico (1973), Pennsylvania (1971), Texas (1972),
Utah (1896), Virginia (1971), Washington (1972), and Wyoming (1890).
Wyoming, the first state to incorporate an equal rights provision, in-
cluded it in its state constitution in 1890, as did Utah in 1896. Illinois in-
corporated its provision when it adopted a new constitution in 1970. The
other states added constitutional amendments in the 1970s, the excep-
tions being Florida and Iowa, which added them in 1998.
Some of the provisions cover private and public conduct, and others
are limited to public actions only. The standard for determining discrim-
inatory action has varied by state, with some state courts using strict
scrutiny and other state courts using less rigorous levels. Legislatures have
also differed in their responses to the provisions. For example, after New
Mexico added an ERA to its state constitution, the legislature reviewed
state laws and changed more than twenty discriminatory laws and pro-
posed two additional constitutional amendments. However, Utah has
passed and retained laws that treat women and men differently.
Equal Rights Amendments, State 245