The fight for equality has been a long, arduous journey in the United States, and while significant strides have been made, there remains much work to be done. The original Equal Rights Amendment (ERA) was first proposed in 1923 by suffragist Alice Paul, with the goal of guaranteeing equal rights for women under the law. Despite being passed by Congress in 1972, it fell short of the necessary state ratifications and was never added to the Constitution. Today, nearly a century later, the need for gender equality remains urgent, and the Humane Party’s proposal for the Equal Rights Amendment 2 (ERA 2) is designed to address the gaps left behind by the original ERA while expanding protections for all gender identities.
A Brief History of the Original ERA
The original ERA was conceived to ensure that “equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” It sought to provide legal safeguards against sex-based discrimination, particularly in areas such as employment, education, and government policy. For decades, women across the U.S. fought tirelessly to see this amendment become part of the Constitution.
While the ERA passed both houses of Congress in 1972 and was sent to the states for ratification, it faced significant opposition. By the time the 1982 deadline came, only 35 of the required 38 states had ratified it. Since then, there have been several attempts to revive the ERA, but none have succeeded in securing its ratification as a constitutional amendment.
The Need for ERA 2
The ERA 2, as proposed by the Humane Party, is an updated and necessary step forward in ensuring true equality for all individuals, regardless of gender, sexual orientation, or identity. ERA 2 aims to close the loopholes left by the original amendment and addresses contemporary concerns of discrimination and inequality in a more inclusive, expansive way. Here are some key reasons why ERA 2 is essential:
1. Expanding Protections to Include All Gender Identities
The original ERA was limited in its language, focusing on sex-based discrimination without explicitly considering the broader spectrum of gender identity. In today’s world, where non-binary, transgender, and gender-fluid individuals face significant social and legal challenges, ERA 2 would offer protections to all gender identities. It acknowledges that the fight for equality is no longer solely about men and women, but about recognizing and protecting every person’s right to dignity, safety, and equal treatment.
2. Strengthening Legal Recourse for Discrimination
Though Title VII of the Civil Rights Act and other legislation offer some protections against gender discrimination, legal loopholes continue to undermine these safeguards. ERA 2 would provide a constitutional foundation to challenge discriminatory laws and practices more effectively, ensuring that people who face gender-based inequalities in pay, housing, education, healthcare, and other vital areas have a clear avenue for justice.
3. Creating a Constitutional Backbone for Reproductive Rights
The debate over reproductive rights has continued to dominate the legal and political landscape. ERA 2 could help solidify the right to bodily autonomy by establishing clear protections for reproductive health care decisions, ensuring that no state can infringe upon a person’s right to choose. This would address the rollbacks seen after the overturning of Roe v. Wade and guarantee a constitutional right to safe, legal access to abortion and contraception.
4. Combatting Systemic Inequalities
The ERA 2 would help dismantle systemic gender-based disparities in many aspects of life, from the wage gap to political representation. Even today, women and gender minorities earn less on average than their male counterparts, occupy fewer leadership roles, and face higher levels of discrimination in the workplace. A constitutional guarantee of equal rights is a crucial step in addressing these deep-rooted inequalities.
5. Providing Stronger Protections for LGBTQIA+ Individuals (continued)
ERA 2 would also directly benefit LGBTQIA+ individuals by codifying their right to equal treatment. In an era where hate crimes and discriminatory policies targeting the LGBTQIA+ community persist, constitutional protections are necessary to combat these harmful trends and ensure the freedom and dignity of all individuals, regardless of their sexual orientation or gender identity. ERA 2 would explicitly prevent discrimination based on gender identity and sexual orientation, addressing the gaps in existing federal protections and establishing a clear, unambiguous right to equality.
Why the Humane Party Supports ERA 2
The Humane Party’s commitment to justice, fairness, and the protection of all beings is at the heart of its advocacy for ERA 2. As a party that champions human and animal rights, environmental stewardship, and non-violence, the Humane Party recognizes that true equality must be inclusive and intersectional. ERA 2 reflects this vision by ensuring that no one is left behind in the fight for gender equality and civil rights.
By advocating for a more expansive, inclusive Equal Rights Amendment, the Humane Party seeks to guarantee that everyone—regardless of gender, identity, or background—has equal rights under the law. ERA 2 is not just a continuation of the struggle for women’s equality; it is a bold new step toward achieving justice for all, regardless of gender identity or sexual orientation.
The Path Forward
The road to passing ERA 2 will not be without its challenges. However, with growing awareness of gender-based discrimination and the increasing demand for civil rights protections for all individuals, the time for action is now. We must build on the momentum of previous movements for equality and push for a constitutional amendment that truly reflects the diversity and dignity of the American people.
As citizens, we have the power to demand change. By supporting ERA 2, we can help create a future where equality is not just a distant ideal, but a lived reality for all. It is our responsibility to ensure that future generations inherit a nation where equal rights are guaranteed, not as privileges granted by the few, but as inherent rights for all.
Conclusion
The original ERA was a landmark proposal in the fight for gender equality, but it fell short of addressing the evolving landscape of gender identity and discrimination in the modern era. The Humane Party’s ERA 2 is the next step in advancing equality, expanding protections to encompass all gender identities, securing reproductive rights, and safeguarding the rights of LGBTQIA+ individuals. By passing ERA 2, we can move closer to achieving true equality for everyone in the United States—ensuring that the promise of “liberty and justice for all” is fulfilled at last.
Brandy W. Walt
U.S. Presidential Candidate
Humane Party
The Humane Herald 