ERA/
CEDAW/
NOW
The Equal Rights Amendment (ERA) and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) are key efforts to advance gender equality. Both initiatives focus on legal reforms to promote women's rights and gender equality. The shocking part? Neither are currently ratified in the Unites States.
This section will also discuss the National Organization for Women (commonly known as "NOW").
ERA
The Equal Rights Amendment (ERA) is an important proposed amendment to the U.S. Constitution that seeks to guarantee equal rights under the law, regardless of sex. First introduced in 1923 and passed by Congress in 1972, the ERA was designed to ensure that both men and women are treated equally in all areas, including employment, education, and legal matters. Although it has not yet been ratified by enough states to become law, the ERA remains a powerful symbol of the ongoing fight for gender equality in the U.S. Its passage would provide a clear constitutional foundation for fighting sex-based discrimination and advancing women's rights.
key events
Early Advocacy for Women's Rights (Late 1800s - Early 1900s)
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The idea of equal rights for women started with leaders like Elizabeth Cady Stanton, who helped organize the first women's rights convention in 1848. At the Seneca Falls Convention, women demanded the right to vote and more legal rights, laying the groundwork for later efforts to make sure the U.S. Constitution treats men and women equally.
First Introduction of the ERA (1923)
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In 1923, Alice Paul, a leader in the women’s rights movement, introduced the Equal Rights Amendment (ERA) to Congress. The ERA stated that “men and women shall have equal rights throughout the United States.” This was meant to address not just the right to vote (granted by the 19th Amendment in 1920), but also to ensure women had equal legal rights in all areas.
1930s-1940s: Early Support and Debate
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At first, the ERA didn’t have much support in Congress. Some women’s groups, like the National Woman's Party, supported it, but others, including the League of Women Voters, worried that the ERA might take away laws that protected women’s jobs, like shorter working hours. These differences created debates in the women’s rights movement.
Post-WWII: Renewed Push (1940s-1960s)
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After World War II, many women stayed in the workforce, and the push for equal rights grew stronger. In 1966, the National Organization for Women (NOW) was formed, and its leaders, like Betty Friedan, worked hard to get the ERA passed. In the 1960s and 70s, the Civil Rights Movement and the feminist movement helped give the ERA more attention, and it was introduced to Congress multiple times.
The ERA and the 1970s Feminist Movement
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In the early 1970s, the ERA gained a lot of support. In 1972, it passed Congress and was sent to the states for approval. To become law, it needed to be ratified by 38 states. By 1977, 35 states had approved it—just three short of the goal. This was a huge milestone in the fight for women’s equality.
Opposition and Setbacks (Late 1970s-1980s)
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Despite its progress, the ERA faced strong opposition from people like Phyllis Schlafly, a conservative activist who argued that the ERA would hurt women by removing laws that protected them in the workplace. Her campaign caused many states to oppose the ERA, and by 1982, the deadline for ratification passed without the amendment getting the required 38 states.
Revival Efforts in the 21st Century
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Even after the ERA seemed defeated, support for it continued in the 1990s and 2000s. In recent years, several states have ratified the amendment, including Nevada in 2017, Illinois in 2018, and Virginia in 2020, bringing the total number of ratifying states to 38. This raised new questions about whether the ERA could still become law, even after the original deadline.
Current Status and Future Prospects
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Today, the ERA has not yet been added to the U.S. Constitution, and its future is unclear. Some believe the ratification process can still be completed, while others think it needs to start over. Supporters of the ERA argue that the Constitution should clearly guarantee equality for everyone, regardless of gender, pointing to ongoing issues like the gender pay gap, violence against women, and limited reproductive rights. The ERA continues to be an important part of the conversation about gender equality in America.
what happens after the 38th state ratifies the ERA?
Once the 38th state ratifies the Equal Rights Amendment (ERA), the ratification documents will be sent to the National Archives and Records Administration (NARA). According to federal law (1 U.S.C. 106b), the Archivist of the United States will then certify that the amendment has been officially ratified. The Archivist will also publish the amendment with a certificate stating that it has become a valid part of the U.S. Constitution. This process ensures that the ERA is legally recognized, and no further Congressional approval is needed to make it official.
what about states that tried to rescind their ratifications?
Some states, including Idaho, Kentucky, Nebraska, Tennessee, and South Dakota, initially ratified the ERA but later tried to take back their support. However, the Archivist has confirmed that rescinding a state’s ratification is not allowed under Article V of the Constitution, which governs the amendment process. According to the Constitution, once a state has ratified an amendment, it cannot reverse that decision. Therefore, the original ratifications stand, and the ERA can still move forward, even if some states have tried to undo their support.
ERA deadline uncertainty
The ERA’s history has been complicated, especially because it did not meet the original Congressional deadline set for ratification. Some legal experts argue that the Constitution doesn't allow Congress to set a deadline for ratification, and this issue remains unclear. Despite this, in 2019, the U.S. House of Representatives passed a resolution to remove the deadline for ratification, which would clarify the process and allow the ERA to be added to the Constitution. The next step is getting the U.S. Senate to pass a similar resolution, which will require support from both Republicans and Democrats.
how the ERA could help women
If the ERA becomes law, it could have a big impact on women’s rights and equality in several important areas:
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Pay Inequality: The ERA could help strengthen equal pay laws, making it easier for women to fight wage discrimination and close the pay gap between men and women.
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Pregnancy Discrimination: The ERA would protect women from being fired or discriminated against because they are pregnant or have children, ensuring that employers provide reasonable accommodations for pregnant workers.
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Domestic Violence and Sexual Assault: The ERA would provide a stronger legal basis for women who experience gender-based violence, such as domestic abuse or sexual assault, helping them hold perpetrators accountable and secure compensation for their injuries.
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Discrimination in Insurance: The ERA could eliminate sex-based discrimination in insurance policies, particularly in areas like auto insurance and annuities, where women have historically been charged higher rates than men for the same coverage.
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Military Policy: The ERA would push the military to ensure that its policies are fair to women, including providing better career opportunities, equal pay, and medical services that address women's unique needs
Ultimately, the ERA would serve as a powerful tool to ensure equal rights for all women—regardless of their race, gender, or sexual orientation—and provide legal protection against future setbacks in the fight for women’s rights. It would be a foundation for true equality in all areas of life.
"ERA Photos," Getty Images
"CEDAW," Democracy in Africa
CEDAW
The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) is an international treaty adopted by the United Nations in 1979 to promote gender equality and protect women's rights worldwide. Often referred to as the "international bill of rights for women," CEDAW outlines steps that countries should take to eliminate discrimination against women in areas like education, employment, healthcare, and family life. By ratifying CEDAW, nations commit to enacting laws and policies that ensure women have the same rights and opportunities as men. Its importance lies in setting global standards for gender equality, encouraging countries to improve the status and well-being of women and girls, and holding governments accountable for upholding women's rights.
1. CEDAW’s creation (1979)
CEDAW was adopted by the United Nations on December 18, 1979, and officially started in 1981. It’s often called the "international bill of rights for women" because it lists many actions that countries should take to ensure women are treated equally. Some of the main points in CEDAW include:
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Treating men and women equally under the law
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Allowing women to take part in politics and government
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Giving women equal chances in education and work
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Protecting women from violence and trafficking
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Ensuring women have access to healthcare, including reproductive health
Countries that agree to CEDAW must work to end discrimination against women and report to the United Nations about their progress.
2. U.S. signs CEDAW (1980s)
The United States signed CEDAW in 1980, under President Jimmy Carter, showing support for the treaty. However, signing isn’t the same as agreeing to follow it. For CEDAW to become a law in the U.S., the Senate must vote to ratify it. This started a long debate.
3. opposition to CEDAW
Many conservative and religious groups in the U.S. opposed CEDAW. They were worried that the treaty would change U.S. laws in ways they didn’t like. Some of their concerns included:
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U.S. sovereignty: They feared that CEDAW would force the U.S. to follow international laws, even if those laws clashed with American traditions.
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Reproductive rights: Some believed CEDAW might require the U.S. to change its laws on abortion or reproductive health.
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Family laws: Critics thought CEDAW could change the definition of marriage or weaken traditional family structures.
One of the most well-known opponents was Phyllis Schlafly, a conservative leader who argued that CEDAW would "feminize" America and harm family values.
4. the fight for CEDAW ratification (1990s-2000s)
Even with strong opposition, many people pushed for CEDAW to be ratified. They argued that it would help improve the status of women around the world and show that the U.S. is committed to gender equality. In the 1990s, the debate continued, and in 1994, there was a vote in the Senate Foreign Relations Committee to move the treaty forward. However, it never went to a full Senate vote, and the treaty’s ratification was delayed.
5. CEDAW’s success around the world
Despite the U.S. not ratifying CEDAW, the treaty became very popular globally. More than 180 countries have agreed to follow it, making it one of the most widely accepted human rights agreements. The U.S. is one of the few countries that hasn’t ratified it.
6. CEDAW and U.S. laws
Even without ratifying CEDAW, its influence has been felt in the U.S. For example, in 1995, during a global conference on women in Beijing, the U.S. government under President Bill Clinton supported CEDAW and said it should be a model for improving women’s rights. Also, the United Nations CEDAW Committee has regularly reviewed U.S. laws on women’s rights and made suggestions for improvements.
7. renewed push for ratification (2010s)
In the 2010s, new campaigns started to push for the U.S. to ratify CEDAW. Groups that support women’s rights wanted the U.S. to fully commit to the treaty, especially because issues like gender-based violence, pay inequality, and reproductive rights were still big problems. While there was more support, opponents continued to raise concerns about how CEDAW might affect U.S. laws.
8. the current situation
As of today, the United States still hasn’t ratified CEDAW. While both political parties in the U.S. have worked to improve gender equality, CEDAW remains a controversial issue.
Countries that haven’t ratified CEDAW:
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United States
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Iran
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Somalia
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Sudan
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Tonga
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Palau
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Holy See (Vatican)
key sections of CEDAW:
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Part I (Articles 1–6) focuses on non-discrimination, sex stereotypes, and sex trafficking.
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Part II (Articles 7–9) outlines women's rights in the public sphere with an emphasis on political life, representation, and rights to nationality.
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Part III (Articles 10–14) describes the economic and social rights of women, particularly focusing on education, employment, and health. Part III also includes special protections for rural women and the problems they face.
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Part IV (Article 15 and 16) outlines women's right to equality in marriage and family life along with the right to equality before the law.
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Part V (Articles 17–22) establishes the Committee on the Elimination of Discrimination against Women as well as the states parties' reporting procedure.
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Part VI (Articles 23–30) describes the effects of the convention on other treaties, the commitment of the states parties and the administration of the convention.
"NOW," Britannica
NOW
The National Organization for Women (NOW), founded in 1966, is one of the most influential feminist organizations in the United States. Its mission is to advocate for women's rights and gender equality, focusing on issues like reproductive rights, equal pay, ending violence against women, and combating discrimination. NOW has played a key role in shaping public policy, pushing for laws such as the Equal Pay Act and the Violence Against Women Act. Its importance lies in its long-standing commitment to social change, empowering women to fight for their rights and raising awareness about gender inequality. Through activism, lobbying, and legal challenges, NOW continues to be a leading voice in the ongoing struggle for women's rights.
the history of the NOW
The NOW first founding conference took place in October of 1966, just months after the initial founding at the Third National Conference of Commissions on the Status of Women in June. At the first founding conference, seven task forces regarding their goals and areas of focus were established, which were: equal opportunities of employment, legal political rights, education, women in poverty, the family, the image of women, and women and religion. In 1967 as the second national conference, NOW established bylaws, the existence of chapters, and the national conference as the governing body of the organization. NOW also adopted as goals the passage of the Equal Rights Amendment (ERA) and the repeal of abortion laws, becoming the first national organization to do so. By 1969, NOW chapters were heavily involved in demonstrations and even established women’s
studies courses at universities in California, Michigan, and at Princeton. From 1971-1975, NOW heavily increased their political involvement and began to lobby in both houses of Congress for the ERA, federal compliance on enforcing equal opportunity and decreasing sex discrimination in job advertising, as well as fighting for equal rights prohibiting sex segregated employment ads and opportunities. By 1986, NOW had opened their Action Center in Washington D.C. and fought to include lesbian rights within their platform, holds their first Lesbian Rights Conference, and even demonstrated for Gay Freedom Day. NOW aided with the passage of the Rape Shield Act which protected rape victims and limits the ability to introduce evidence or cross examine victims about their past sexual behavior. By 1996, the first conference on Women of Color and Reproductive Freedom was held and NOW collaborated with the NAACP to further their interests on a variety of topics. The second March for Women’s Lives accrued a groundbreaking 500,000 marchers at the National Mall in Washington D.C.
The Civil Rights Act of 1991 and Violence Against Women Act passed with the help and support of NOW in 1994 with a $1.6 billion budget. By 2006, NOW openly supported same sex marriage rights as well as recognized the existence of trans oppression. As a means to support the continuing fight for the rights of women, NOW fought against the Bush administration, whose agenda they believed to be actively anti-woman in areas of welfare, labor, civil liberties protections, and more. NOW also worked to support feminists in legislature and endorsed many women for Senate seats and positions in Congress.
The San Diego NOW Chapter, formed in 1970 by Lillian Poltere, held their first meeting in July, which was attended by 30 women. After attending two years worth of monthly meetings of the Los Angeles NOW Chapter with Helen and Bill Hawkins, Poltere decided to explore the opportunities and
possibility of starting a home town chapter; after its establishment, the San Diego NOW Chapter’s first order of business was to commemorate the 50th anniversary of the Nineteenth Amendment for Women’s Suffrage. That same year, the San Diego NOW Chapter picketted and demonstrated in front of the Pacific Bell Company, which excluded women from their Affirmative Action program and held discriminatory policies barring married women from being listed under their own name in the phone book, as well as others. Other demonstrations included picketing in front of San Diego restaurants who upheld the US Grant Bill which prohibited women patrons at lunch hour. Each of the demonstrations was met with disdain from the companies and various owners who eventually made changed to comply with the NOW demands.
The San Diego Chapter continued on to support and demand the enforcement of Title IX in education and sports, inclusion of women in male dominated professions, including wood and metal professions and classes, sports, news reporting and broadcasting, affirmative action programs, advertising, and more, as well as fighting for women’s “detoxification” or rehab centers.
The San Diego NOW chapter began to involve themselves in the support for the ratification of the Equal Rights Amendment by influencing senators and gaining media coverage by 1972. By 1973, the San Diego NOW Chapter headed various task forces, such as the Media Reform Task Force and the Women’s Credit Alert task force, all with the goals of educating the public and creating a collective consciousness to women’s rights and sexism in society, and provided hotlines for San Diegan women to call for support and to report injustice. Notably, the San Diego NOW Chapter was the epicenter of the 1975 “Churchquake” in which the Catholic Diocese Bishop, Leo T. Maher, excommunicated anyone who publicly admitted to being a
member of NOW, which at this point strongly support the pro-choice movement and supported abortion legislation. A large demonstration of 400 women stood outside the St Brigid Parish in San Diego in support of 20 NOW members who attempted to receive communion on April 7th. These women, after being asked their views on abortion and other various feminist issues, were promptly turned away from receiving the eucharist. After the news media covered the story, including Time, membership tripled and donations were received nationwide. The San Diego NOW Chapter continued to encounter conflict with the Catholic Church as well as other Christian Sects around the United States for their left leaning views and political stances.
From 1976 to today, the San Diego NOW Chapter supported a variety of issues and grew to being politically involved on all levels of the United States political landscape. From addressing marital rape and advocating for the protection of women battling domestic abuse to lesbian rights and heading the first Lesbian Rights task force and the National Lesbian Rights Conference, prochoice and the protection of women seeking abortions, prostitution, women in the military and affirmative action, the San Diego NOW chapter remained active and influential throughout the entirety of its existence to today. Today, the San Diego NOW Chapter meets monthly and is focused on fighting for reproductive justice, battling sexual assault on college campuses as well as human trafficking in San Diego, and fighting for updated language of the ERA in ratification.
Today, NOW’s National Action Plan consists of five campaigns, which are: to end the criminalization of trauma; to ratify the Equal Rights Amendment; to mobilize for reproductive justice; to advance voting rights; and to protect immigrant rights. According to their campaign, “the intersectionality at the core of NOW’s work is a practice that places marginalized women at the center of our policy solutions and our advocacy,” which they continue to support through their PAC, Foundation, and Annual Conference.