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Published on Thursday, March 9, 2000 in the Los Angeles Times
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Activists Seek To Bring the Equal Rights Amendment Back To Life
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by Stephanie Simon
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JEFFERSON CITY, Mo. Listen in on the rhetoric buzzing through Missouri's capital these
days, and you might begin to think so.
Here's a state senator earnestly proclaiming that we must add the
Equal Rights Amendment to the U.S. Constitution "if this country is to be
great and stand tall."
There's Phyllis Schlafly, the ERA's arch-foe, warning that the
amendment would legalize same-sex marriages and promote "abortion on
demand."
Here's praise for righteous symbolism. There's scorn of constitutional
clutter. Coed bathrooms. Women in combat. Wasn't this all settled two
decades ago?
Well, yes.
But then again, maybe not.
Most activists--most everyone, really--thought the ERA died in 1983.
It had been ratified by 35 states but needed 38 to make it into the
Constitution. The original ratification deadline had come and gone. So
had a three-year extension. And Congress was not inclined to give ERA
backers any more time. Even the Supreme Court pronounced the amendment
dead.
Now, a few stubborn dreamers are attempting to revive it.
They consider the original 35 ratifications still valid. By that
logic, all the ERA needs to win a spot in the Constitution is approval
from three more states. Focusing on Missouri--but targeting Illinois and
Virginia as well--ERA activists are pushing hard to get those three
additional ratifications.
They take courage from precedent: In 1992, Congress revived an
amendment that had languished for more than 200 years by ordering that
the ratification tally pick up where it had stalled back in George
Washington's day. In other words, Congress decided that states' 18th
century votes still counted. New states then jumped to ratify. And the
amendment--which requires a roll-call vote before Congress can grant
itself a pay raise--is now part of the Constitution.
That episode gave ERA activists hope.
After all, they reasoned, if an amendment can be resurrected after two
centuries, why not after two decades?
"It takes a long time to win the big ones, and this is a big one,"
said Roberta Francis, who leads a national effort to ratify the ERA. She
then quoted women's suffrage champion Susan B. Anthony: "Failure is not
an option."
It is, however, a distinct possibility.
For the three-state strategy has several potential flaws.
For one, Congress set a time limit--long since expired--on ERA
ratification. (The pay raise amendment had no such deadline.) Congress
could, presumably, pass new legislation reopening the ERA for debate. But
then it might be hard to make the case that the original 35 ratifications
should count.
Another hitch: Five states that ratified the ERA in the '70s later
passed resolutions taking it back. ERA boosters insist it's illegal for a
state to cancel its ratification. But that position, again, would be open
to legal challenge.
Then there's the issue of public support.
In the 1970s, the ERA stirred strong passions. However, it has since
dropped out of view.
Kelly Anthony, a Missouri college senior trying to rev up student
support for the ERA, acknowledges that "even some of my feminist friends
don't know what it is." And while Francis says she's sure most Americans
are behind her, she couches her conviction this way: "They absolutely
would care--as soon as they knew about it."
One group in the know is the Missouri Legislature, where ERA sponsors
in both the House and the Senate are confident they can bring
ratification to a vote this spring. The ERA has some powerful backers in
both chambers. But it also has detractors who see the whole debate as a
dispiriting waste of time.
"Maybe I'm from a different generation, but I feel that women have all
the opportunities in the world," said state Rep. Vicky Hartzler, 39, a
Republican. "Instead of sending women the message that we need to support
[the ERA] because we're still victims, we should be telling them that the
past is behind us, we have a bright future and it's time to move forward
with confidence."
ERA advocates counter that women can't stride ahead with confidence
until their rights are guaranteed.
Sure, there are federal laws granting women equal access to education
or equal pay for equal work. But those are laws, not constitutional
guarantees. A future Congress could repeal them. Or gut the funding that
supports them.
"Only by including [women's equality] in the Constitution can we grind
it into the bedrock of our national policy," said Missouri House Speaker
Steve Gaw, a Democrat.
Beyond that symbolism, however, even the ERA's most ardent backers
find it tough to articulate just what the amendment would accomplish.
"It isn't concrete, not something you can see will immediately help me
in my lifetime," said Mary Mosley, who heads Missouri's ERA lobby. "It's
more the principle of the thing."
Copyright 2000 Los Angeles Times
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