Introduction

In 1923, under the impetus of feminist activists, the Equal Rights Amendment (ERA) was introduced in Congress. It aimed to enshrine equality between men and women into the U.S. Constitution. While inciting much debate at that time, the amendment was not passed by both houses of Congress until 1972 when its phrasing had come to insist on “sex equality”: “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” ¹ Since then, the concept of sex equality has evolved into claims for gender equality, even gender equity, as a result of the many demands for egalitarianism that have arisen during this period. Nevertheless, constitutional equality has yet to be achieved: despite having been ratified by the necessary number of states (38)—most recently by Nevada in 2017, Illinois in 2018, and Virginia in 2020—the ERA is still not a reality. While the technical issues of deadlines and rescissions persist, resistance to gender equality continues to play a crucial role in keeping the ERA in limbo.