Equal Rights Amendment: A Comprehensive Overview of Its Legal Definition

Q: How many states need to ratify the ERA?

Thirty-eight states are required to ratify the ERA for it to become part of the Constitution.

Q: What would the ERA change?

The ERA would establish gender as a suspect classification, requiring strict scrutiny for laws that discriminate based on sex.

Definition & Meaning

The Equal Rights Amendment (ERA) is a proposed amendment to the U.S. Constitution that aims to guarantee equal legal rights for all citizens, regardless of sex. It seeks to eliminate discrimination based on gender and ensure that both women and men have the same rights under the law. The ERA would establish "sex" as a suspect classification, similar to race, requiring courts to apply strict scrutiny to any laws or policies that differentiate based on gender.

Table of content

Legal Use & context

The Equal Rights Amendment is primarily relevant in civil rights law, particularly in cases involving gender discrimination. If ratified, it would provide a constitutional basis for challenging laws and practices that discriminate based on sex. Legal practitioners may utilize this amendment in various contexts, such as employment law, family law, and education, to advocate for equal treatment. Users can explore US Legal Forms for templates that may assist in filing claims or petitions related to gender discrimination.

Key legal elements

Real-world examples

Here are a couple of examples of abatement:

One example of the ERA's potential impact could be in employment discrimination cases. If the ERA were ratified, a woman who is denied a promotion solely based on her gender could challenge the decision in court under the new constitutional standard. (hypothetical example)

State-by-state differences

Examples of state differences (not exhaustive):

State	ERA Status	Notes
Virginia	Ratified	One of the last states to ratify the ERA in 2020.
Illinois	Ratified	Ratified the ERA in 2018.
Florida	Not Ratified	Has not ratified the ERA as of now.

This is not a complete list. State laws vary, and users should consult local rules for specific guidance.

Comparison with related terms

Term	Description	Difference
Equal Protection Clause	A provision in the Fourteenth Amendment that requires states to provide equal protection under the law.	The ERA specifically addresses gender equality, while the Equal Protection Clause applies more broadly to all classifications.
Title IX	A federal law prohibiting sex-based discrimination in federally funded education programs and activities.	Title IX focuses on educational settings, whereas the ERA would apply to all areas of law.

Common misunderstandings

What to do if this term applies to you

If you believe you are facing discrimination based on your gender, consider taking the following steps:

Document any incidents of discrimination or unequal treatment.
Consult with a legal professional to discuss your situation and explore your options.
Utilize US Legal Forms to find templates for filing complaints or legal claims related to gender discrimination.

In complex cases, seeking professional legal assistance is recommended to ensure your rights are protected.

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Quick facts

Proposed in 1923; passed by Congress in 1972.
35 states have ratified the ERA; 38 are needed for it to become law.
Would require strict scrutiny for gender discrimination cases.

Key takeaways

Frequently asked questions

What is the Equal Rights Amendment?

The Equal Rights Amendment is a proposed amendment to the U.S. Constitution that aims to guarantee equal legal rights for all citizens, regardless of sex.