Women’s History Month: Washington’s ERA Turns 50!
We are fast approaching the 50th anniversary of the passage of the Equal Rights Amendment (ERA) by the U.S. Senate on March 22, 1972. While the amendment was not ratified by the requisite 38 states before the 1982 deadline set by Congress, Washington women still have a reason to celebrate in 2022! That’s because Washington passed their own ERA (Article XXXI) the same year. So this year we celebrate Women’s History Month by recognizing the success of an effort fought on many fronts by so many women of courage.
Here are some facts about the federal and state amendments.
Federal ERA
What does the federal ERA say?
Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
How long did it take the ERA to pass Congress?
The amendment was originally drafted by National Woman’s Party president Alice Paul in 1923. While the text of the amendment changed over time, some form of the proposal was introduced in Congress every session until it finally passed in 1972.
When did Washington State ratify the federal ERA?
The state legislature ratified the amendment on March 22, 1973, exactly one year after it passed the United States Senate. House Joint Resolution 10 passed the House 76–21 and the Senate 29–19. A fascinating account of the final passage in the Senate was memorialized in a Washington State Women’s Council legislative summary.
How many states have ratified the ERA?
Three quarters of the states have to ratify to add a constitutional amendment. 38 states have done that — the exact number needed to add it to the Constitution! Virginia was the last state to ratify the ERA in 2020. But 5 states have since voted to rescind their prior ratifications. It is legally unclear if that is allowed. There is precedent for discounting rescinded ratifications. The 14th Amendment was adopted despite ratifications being rescinded by two states. Congress set a deadline for states to ratify the ERA “within seven years from the date of its submission.” Congress extended that deadline to 1982 and it hasn’t been extended since. House Joint Resolution 17 was introduced in 2021 proposing to eliminate the deadline.
But isn’t there ongoing litigation about whether the ERA should be added to the Constitution after Virginia ratified it?
Yes, the U.S. Court of Appeals for the D.C. Circuit has the matter under consideration. Virginia joined with Illinois and Nevada to compel the National Archivist, David Ferriero, to publish and certify the ERA as the 28th Amendment to the Constitution. Virginia has since withdrawn its participation in the case. A January 26, 2022 Reuters opinion piece, 1970s relic no more: The Equal Rights Amendment is about to take effect. Or not., provides an excellent overview of the litigation. Many of the pleadings and briefs in the case can be found here.
Washington State ERA
What does the state ERA say?
Equality of rights and responsibility under the law shall not be denied or abridged on account of sex.
Why does the Washington amendment include the word “responsibility” when the federal amendment does not include it?
The legislative record isn’t clear. The word was added to the proposed amendment when it was being considered by the House Labor and Employment Security Committee. (Marchioro v. Chaney, 90 Wn. 2d 298, 307 (1978))
Who was behind the effort to have the State Constitution amended to include an equal rights provision?
Many women were behind the effort. Two groups that were instrumental in pushing the measure were the Washington State Women’s Council, first convened by Governor Dan Evans on October 21, 1971, and the Seattle Women’s Commission. Both groups lobbied for the passage of the amendment as well as a bill that gave married partners shared rights in community property.
Did the state ERA easily pass a vote of the people?
No! It passed by a slim margin. The yes votes outnumbered the no votes by only 3,369 votes statewide. Before the measure was placed on the ballot it had to pass the legislature. House Joint Resolution 61 easily passed both the House (96–3) and the Senate (36–13).
What court cases have analyzed Washington’s ERA?
In 1975 the Washington State Supreme Court struck down a Washington Interscholastic Activities Association rule prohibiting girls from participating in interscholastic contact football on boys’ teams, ruling that it violated the Washington ERA. (Darrin v. Gould, 85 Wn. 2d 859 (1975))
The Division 1 State Court of Appeals found that gender-based peremptory challenges during the jury selection process violate Washington’s ERA. (State v. Burch, 65 Wn. App. 828 (1992))
Washington Women’s Rights Defenders
Some of the Washington women who have been instrumental in the fight for the ERA and other rights for women are:
- Nettie J. Graig Asberry. Served as president of the Washington State Federation of Colored Women and founded the Tacoma chapter of the National Association for the Advancement of Colored People. Learn more in the Long Shadows of Seattle podcast episode and at HistoryLink.
- Judge Betty Binns Fletcher. Founder of the Seattle-King County chapter of the National Organization of Women and chair of the Equal Rights Amendment Committee of the Washington State Women’s Council.
• Pearl Warren. Founding member of the American Indian Women’s Service League (1958).
• Lois North. State Representative and member of the Washington State Women’s Council. North sponsored the Washington ERA.
• Thelma Jackson. Delegate to the 1977 National Women’s Conference and chairwoman of the Women of Color caucus. Conference attendees successfully pushed for an extension to the ERA ratification deadline. Jackson was chosen as a delegate at the State Conference for Women, where the ERA was a hotly debated topic. Jackson is a longtime Thurston County resident and is the author of the project Blacks in Thurston County Oral History Project 1950–1975. (SC)
