“ERA in AZ” Documentary Research
Introduction
This short documentary on the Equal Rights Amendment features attorney Dianne Post and State Representative Jennifer Jermaine, and it examines the fight for passage at the federal and state level. This film attempts to answer the following questions: What is the Equal Rights Amendment? What is its history? Why do we need it? How do we get it into the Constitution of the United States of America?
The text of the Equal Rights Amendment (ERA) 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 amendment was authored by Alice Paul and was first introduced into Congress in 1923. The ERA did not make much progress until 1970, when Representative Martha Griffiths from Michigan filed a discharge petition demanding that the ERA move out of the judiciary committee to be heard by the full United States House of Representatives. The House passed it and it went on to the Senate, where it was approved and sent to the states for ratification. By 1977, 35 states had voted to ratify the ERA, but it did not reach the 38 states-threshold required for ratification before the 1982 deadline set by Congress. More recently, Nevada ratified the ERA in March 2017, and Illinois followed suit in May 2018. On January 27th, 2020, Virginia finalized its ratification, making it the 38th state to ratify the Equal Rights Amendment.
Supporters of the ERA argue that we have reached the required goal of approval by 38 states. However, opponents may have at least two legal arguments to challenge this claim by ERA advocates. First, the deadline to ratify was 1982. Second, five states have voted to rescind their ratification since their initial approval. These political and legal challenges must be addressed and resolved before the ERA can be considered part of the United States Constitution. Nevertheless, ERA advocates continue to pursue certification. There are complicated questions to untangle here, to be sure, but by listening to a variety of perspectives and critically examining the historical and legal context, it may be possible to find some answers. Indeed, Arizona, which has yet to ratify the ERA, could play a vital role in the on-going fight for the ERA.
Opposition and Diverse Opinions
Right-wing activist Phyllis Schlafly founded STOP ERA in 1972. Schlafly “orchestrated an attack designed to arouse deeply held fears,” (Evans, p. 304). The opposition used the images of small children holding signs that read “Please don’t send my mommy to war!” and played up anti-war sentiments and the images of “carnage in Vietnam” to scare people, alleging that the ERA would cause women to be drafted and sent overseas, rifles in hand. “Right-wing opponents charged that the ERA would decriminalize rape, legitimize homosexuality, integrate public restrooms, and guarantee abortion rights,” (Evans, p. 304).
Opposition to the ERA has been strategic and political from the beginning. Since the Reagan administration, Republican leadership has opposed the ERA for fear that it would guarantee the right to an abortion. Opponents have capitalized on the anti-abortion movement to unify the political right against the amendment. Supporters have argued that the right to an abortion is an issue of privacy, not equality, and that Roe v. Wade (1973) protects this right. According to activists like attorney Dianne Post and Arizona Senator Victoria Steele, the ERA has nothing to do with abortion, nor will it change most of the policies mentioned by Phyliss Schlafly and STOP ERA.
This discussion of women’s political interests is especially interesting. For the majority of its life, the ERA has rarely received unified support. Some women have fought tirelessly for it, and some have led fierce opposition against it. On one side, supporters of the ERA “sought political equality with which to defend their own interests better,” and on the other side, opponents “feared an almost total loss of self and female identity,” (Evans, p. 305). By using intersectionality to examine the movement, it becomes clear that some upper-class white women were fighting to maintain their privileged economic and social positions in society. Many women of color and lower-class white women were already in the workforce and would have benefitted greatly from the ERA. It is important to acknowledge the diversity among American women and the complex forces that motivate their decisions.
Interview Participants and Experts
Dianne Post is an international human rights attorney with 37 years of experience. She serves on the Arizona state board of the National Organization for Women (NOW) and ERA Task Force Arizona. Her career has focused on fighting one of the chief causes of poverty and injustice in the world – the inequality of women – with passion, creativity and great effect. Ms. Post has worked in over 14 countries to design and implement fundamental legal, policy and programmatic reform on issues related to gender equality. She works with vulnerable populations, especially women and children, in developing, transitional and developed countries to achieve their human rights and freedom from violence. Post is a gender expert in violence against women and children including domestic violence, sex-trafficking, prostitution and pornography. Post has also filed cases and had oral argument in the European Court of Human Rights, with United Nations bodies and the Inter-American Commission on Human Rights.
Jennifer Jermaine represents Legislative District 18 at the Arizona State Legislature. Currently she serves on the Government Committee, Elections Reform Committee, and the Military and Veterans Affairs Committee, and she is the Chair of the investigative committee for Missing and Murdered Indigenous Women and Girls. She is also the co-founder of Stronger Together Arizona and the We the People Summit, both of which empower individuals to strategize and collaborate to influence public policy. Representative Jermaine has a Master’s in Public Administration from ASU.
Senator Victoria Steele represents Legislative District 9 at the Arizona State Legislature. A National Organization for Women Board Member, she is a powerful advocate for women's rights. Before entering the world of politics, Victoria was a Master’s level professional counselor helping women struggling with trauma and addiction. She created the Native Ways program at The Haven, an award-winning substance use residential treatment program for Indigenous women. She enjoyed a 25-year career in radio and television news. She currently co-hosts the podcast: Wait, What? Politics with Zuma and Steele, available where you find your favorite podcasts. Victoria Steele is a co-founder of the Tucson NOW Chapter of the National Organization for Women.
Works Cited
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“ERA in AZ” Bibliography
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