The Equal Rights Amendment is one of the most polarizing topics in American politics. Ostensibly, the purpose of the Equal Rights Amendment (ERA) is to ensure that men and women are guaranteed the same rights by law. The core text of the ERA is short and simple:

Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.

Estimated reading time: 8 minutes.

United States Senate chamber. Public domain image.

The text alone doesn’t seem harmful. If interpreted properly, it could be helpful, as it is obviously wrong to unfairly discriminate against women. Unfortunately, rather than addressing legitimate discrimination grievances, this clause has instead been interpreted as granting a right to abortion. Pro-choice advocates are using the ERA as a Trojan horse to sneak the right to abortion into the U.S. Constitution under the guise of “gender equality.” [Tweet that!]

Adding an amendment to the U.S. Constitution requires two things: Congress must pass the amendment, and 38 states must ratify (pass) it. After Congress passed the ERA in 1972, the states had 10 years to meet this ratification quota. 35 states ratified the ERA within five years, and the amendment was initially very popular. However, this popularity was present because many states did not believe abortion to be a “right’ protected in the ERA, as Roe v. Wade had not been decided yet when the ERA passed. Consequently, five states rescinded their ratification in the years following Roe. The Constitution does not specify whether a state may rescind its ratification of an amendment, and the Supreme Court will likely have to make a ruling on this, which could be a long and controversial process.

As of now, 37 states have ratified the ERA at some point in time. The initial ten-year ratification deadline has expired; however, if one more state ratifies the ERA, the amendment could still be added to the U.S. Constitution if it is passed by Congress again. While the current Republican majority in the Senate would likely block the ERA, this is not a long-term solution. Pro-choice Democrats who support the ERA will almost certainly regain both chambers of Congress eventually, so if a 38th state ratifies it and the Supreme Court determines all of those ratifications to be valid, it will only be a matter of time until the ERA becomes the next amendment in the U.S. Constitution.