Why Do We Need the Equal Rights Amendment when the Civil Rights Act of 1964 Exists?

Introduction

The Civil Rights Act of 1964 is a landmark piece of legislation that prohibited discrimination on the basis of race, color, religion, sex, or national origin in employment, public accommodations, education, and voting. Despite its significant impact, it does not cover every form of discrimination, particularly those related specifically to women's rights. This leads us to ask, why do we need the Equal Rights Amendment (ERA) in addition to the Civil Rights Act of 1964?

The Comprehensive Approach of the Equal Rights Amendment

The ERA was proposed as an amendment to the United States Constitution. Its primary purpose is to ensure that equal protection of the laws applies to both men and women identically. This is crucial because while the Civil Rights Act of 1964 protects against discrimination in various areas, it does not provide a constitutional guarantee of equality for women. The ERA explicitly addresses this gap by affirming that all citizens are entitled to the same rights under the Constitution.

Historical Context and Debate

When the Civil Rights Act was being debated, proposals to include sex discrimination were fiercely contested. Despite the passionate debate, the act did not encompass protections based on sex. Since then, sex discrimination has persisted, highlighting the necessity of the ERA to provide a stronger, more comprehensive framework for ensuring equal rights.

Constitutional versus Legislative Protections

The Civil Rights Act is a legislative measure that can be altered by subsequent legislation or judicial interpretations. The ERA, however, is a constitutional amendment. This means it cannot be undone without another amendment. The significance of constitutional protection lies in its permanence and the broad application it provides, encompassing not just employment and public accommodations but all facets of life. For instance, the 14th Amendment, which addresses citizenship, equal protection, and apportionment, has broad implications for ensuring equality. However, the ERA would specifically address the issue of sex discrimination in a more direct and widespread manner.

The Original Purpose of the 14th Amendment

The 14th Amendment to the U.S. Constitution was originally intended to grant citizenship to former slaves and to ensure equal protection under the law for all citizens. It does not explicitly mention gender, but its core principle—'all men are created equal'—naturally extends to women as well. The ERA would provide a clearer, more direct constitutional guarantee of equal rights for all genders, aligning the Constitution with the principles of equality and justice.

Modern Relevance and the Need for ERA

Today, the need for the ERA is more pressing than ever. Although significant progress has been made in the years since the Civil Rights Act was passed, gender-based discrimination still persists in various forms. The ERA is necessary to provide a constitutional baseline that cannot be undermined by changing laws or judicial interpretations. It ensures that the fight for gender equality is not just a matter of policy but a constitutional imperative.

Conclusion

While the Civil Rights Act of 1964 has been a pivotal force in advancing civil rights, it is insufficient to address the specific issues of sex discrimination. The Equal Rights Amendment is needed to ensure that all citizens are afforded equal rights under the Constitution. It provides a permanent and direct framework for ensuring gender equality, which is essential for the full realization of the constitutional ideals of equality and justice.