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Marlena Tyldesley

The United States does not need to pass a new version of the Equal Rights Amendment
because the issue of discrimination against women is not legal, its social. The 1972 Equal Rights
Amendment states 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. (The ERA: A Brief Introduction) Congress
passed the Equal Rights Amendment on to the states on March 22, 1972. 15 states never ratified
it and 5 states that had ratified it later rescinded their ratifications.
Critics of the ERA, namely Phyllis Schlafly, a prominent conservative activist and a
leader in the anti-ERA movement, wanted to preserve and protect the traditional rights of wives,
mothers and widows (Phyllis Schlafly, A Short History of E.R.A.) These traditional rights
included exemption from compulsory military duty and protection of laws that impose on a
husband the obligation to support his wife Schlafly argued that the feminist movement
victimized women who should feel lucky for the rights that they had already been given. She
also argued that the ERA would result in the massive redistribution of powers in our Federal
system because of the power it would have to define words such as sex and equality.
The solution to discrimination against women in the United States is not giving them
minority status, because, firstly, they are not a minority; in 2014, women made up 50.8% of the
United States population. Secondly, this solution leaves room for Phyllis Schlaflys archaic
argument that the feminist movement victimizes women who already have the rights that they
need. The rights the movement is fighting for are already afforded them in the 14th amendment,
which states that all persons born or naturalized in the United States are citizens and receive
equal protection of the laws (United States Census Bureau)

Despite these laws, women who work full time still earn on average, only 73 cents for
every dollar earned by men (National Womens Law Center) and, in a 1994 Labor Department
survey, 61% of women said that they had little or no likelihood of advancement in their jobs.
The issue is clearly not in the law, and putting more laws in place will not change the societal
issues causing gender-based discrimination.
Luckily, changes are being made in the right direction. Statistics show that young women
working today are earning more than their mothers and grandmothers did and womens
increased education and workforce participation have narrowed the wage gap (Womens
Earning and Income) While this shows signs of progress, women are still less likely to ask for
raises or try for top management jobs, a sign that while traditional gender roles are less confining
than they were in the past, there is more work to be done.
Socially, there is still a clear bias against women in the United States. Legally, however,
women achieved equality in 1968 with the passing of the 14th amendment. Therefore, the United
States does not need to pass a new version of the Equal Rights Amendment, it needs to find a
social solution to this age-old issue.

Works Cited
Schlafly, Phyllis. "A Short History of E.R.A. -- September 1986 Phyllis Schlafly Report. A
Short History of E.R.A. -- September 1986 Phyllis Schlafly Report. N.p., n.d. Web. 15
May 2016.
United States Census Bureau. "QuickFacts United States." Census.gov. United States Census
Bureau, n.d. Web. 15 May 2016.
"Primary Documents in American History." 14th Amendment to the U.S. Constitution: Primary
Documents of American History (Virtual Programs & Services, Library of Congress).
N.p., n.d. Web. 15 May 2016.
National Women's Law Center. "Affirmative Action and What It Means for Women - NWLC."
NWLC. NWLC, n.d. Web. 15 May 2016.
Dines, Gail. "Is Porn Immoral? That Doesnt Matter: Its a Public Health Crisis." Washington
Post. The Washington Post, n.d. Web. 15 May 2016.
"10 Findings About Women in the Workplace." Pew Research Center. N.p., 11 Dec. 2013. Web.
15 May 2016.
"Women's Earnings and Income." Catalyst. N.p., 10 Oct. 2012. Web. 15 May 2016.

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