In the 1970s, arguments against the Equal Rights Amendment were that a husband would no longer be able to support his wife, that it would cause rampant abortion, that women would have to fight in combat, that it would invade privacy, that it would cause same-sex marriage and that it would bring about unisex bathrooms.
Today, women make up half the workforce; the biggest threat to privacy is interference in women's personal health care choices; same-sex marriage is the law; we have unisex bathrooms, and women are serving in combat, all without the ERA. Women may fight and die for our country, but they don't have equal rights.
The only right guaranteed in the Constitution for women is the right to vote. Yet even that is being constantly eroded: This year alone, 92 bills were introduced in legislatures across the country to erode voting rights.
Lack of equal representation of women at tables of power continues to thwart efforts to pass the ERA. It's hard to put it on the agenda from the backbench.
One major obstacle to passage is education. People think the ERA was passed sometime last century. It was not. It was approved by both houses of Congress in 1972 but needed then to be ratified by 38 states. It was ratified only by 35 states before it expired.
Folks ask: Don't we already have equal rights under the law? No. What we have are piecemeal laws addressing inequality. Congress and state legislatures continue to pass baby steps instead of the ERA. Minnesota passed the Women's Economic Security Act, a law that provides some badly needed protections in the workplace and that put the state at the forefront of workplace protections, but it did not go far enough.
There is a double standard in our judicial system. Courts apply a higher standard known as strict scrutiny to laws that affect a fundamental constitutional right such as racial and religious discrimination, but because discrimination on the basis of sex is not defined in the Constitution courts apply a lower standard known as intermediate scrutiny.
Now there is renewed effort in Congress to remove the expiration date on the ERA and reactivate the 35 states that passed it. Grass-roots organizations have a strategy to get ratification three more states and make equal rights the law. The states most likely to succeed in the near future are Illinois and Nevada, with other states in play.