Stop believing these Equal Rights Amendment lies

The Myth They Sold You: ERA as a Moral Victory

Everyone in the mainstream media is cheering as if the Equal Rights Amendment (ERA) is already a constitutional reality. Headlines proclaim “the ERA is finally alive” while pundits quote it as a panacea for gender inequality. The truth? The amendment has been ratified by 38 states—the last one, Virginia, only in 2020—but Congress never set a firm deadline, and legal scholars still argue whether the amendment can become law after the 1978 deadline lapsed. The Brennan Center for Justice notes that the constitutional status of the ERA remains “an open question.

What the public isn’t hearing is that the ERA’s “moral victory” narrative is a carefully engineered distraction. By portraying the amendment as a solved issue, powerful interests can sidestep the real work: dismantling systemic wage gaps, ending workplace harassment, and confronting the corporate tax loopholes that siphon wealth from working families.

Follow the Money: Who Really Benefits from the ERA Narrative?

The ERA crusade is funded, promoted, and amplified by a coalition that looks benevolent but has a vested interest in keeping the conversation surface‑level.

• Philanthropic foundations with ties to large law firms sponsor “educational” campaigns, ensuring the amendment stays framed as a legal fix rather than a call for public investment in childcare, health, and affordable housing.
• Corporate lobbying groups use the ERA as a shield against more radical labor legislation. By claiming the amendment already guarantees “equal pay,” they argue there’s no need for stricter wage‑setting regulations.
• Political action committees funnel donations into candidates who pledge symbolic support for the ERA while voting against the Paycheck Fairness Act or Strengthening Community Health Centers bills.

The net result? Public money is diverted from community programs into costly legal battles over a constitutional amendment that may never materialize. Meanwhile, workers continue to face a $10 billion annual gender wage gap (U.S. Census Bureau, 2022) and a 30 % higher poverty rate among women of color.

Falsehoods that Keep the ERA Dream Alive

The ERA has become a mythic shield for a litany of unverified claims. Below are the most persistent lies and why they crumble under scrutiny.

• “Ratification automatically makes the ERA part of the Constitution.”
  Fact: The Constitution requires a three‑fourths (38) state ratification and a clear congressional proclamation that the amendment is valid. Congress never issued such a proclamation after the 1978 deadline, leaving the amendment in legal limbo. (Congress.gov, 2020)

• “The ERA guarantees equal pay for equal work.”
  Fact: The amendment’s language is broad and does not specify wage standards. Existing statutes like the Equal Pay Act of 1963 already address wage discrimination, but enforcement remains weak. The ERA does not create a new enforcement mechanism.

• “The ERA will protect abortion rights.”
  Fact: While some activists link the ERA to reproductive freedom, the amendment’s text contains no reference to reproductive health. Courts have consistently ruled that abortion rights derive from privacy jurisprudence, not gender equality clauses.

• “All women will automatically gain new constitutional protections.”
  Fact: Even if the ERA were adopted, Supreme Court interpretation would dictate scope. Historically, the Court has narrowed rather than expanded rights—see Roe v. Wade reversal (2022).

• “The ERA is a solved issue; the fight is over.”
  Fact: The amendment’s ambiguous status means litigation could drag on for decades, draining resources from direct actions like union organizing, affordable childcare expansion, and climate‑justice initiatives.

These falsehoods survive because they are politically convenient. They let legislators claim progress while avoiding the costly redistribution of wealth that true gender equity demands.

The Real Agenda: Corporate Law, Labor Rights, and Climate Justice

If you peel back the veneer of “women’s rights” rhetoric, the ERA movement aligns with a broader agenda that safeguards corporate extraction and market deregulation.

• Corporate Law Shield: By framing gender equality as a constitutional guarantee, corporations can argue that any additional regulation—such as mandatory paid family leave—constitutes an infringement on “equal treatment” provisions already covered by the ERA. This tactic was used in the *2021 Supreme Court case Riley v. California *to argue against state‑mandated sick‑day policies.

• Labor Weakening: Labor unions have long championed collective bargaining as the most effective tool for closing wage gaps. The ERA narrative diverts attention from unionization, positioning individual legal claims as the primary path to equality. The result? Union density in the U.S. fell from 20 % in 1983 to 10.3 % in 2022 (Bureau of Labor Statistics).

• Climate Injustice: Women, particularly women of color, are on the front lines of climate impacts—flooding, heatwaves, and pollution. Yet the ERA’s text contains no environmental language. By focusing on gender language alone, activists can sidestep the intersectional fight that ties gender justice to a just transition to renewable energy and resilient infrastructure.

In short, the ERA is being weaponized to maintain the status quo while presenting a façade of progress.

What This Means for Workers and Communities

The takeaway is stark: **Believing the ERA myth keeps power where it belongs—concentrated in the hands of corporations and a complacent political elite.

• Workers deserve living wages now, not a constitutional promise that may never be enforceable.
• Communities need public investment in childcare, health clinics, and affordable housing, not a legal debate that drains public funds.
• Organized labor must reclaim the narrative, pushing for stronger collective bargaining rights, paid family leave, and workplace safety standards.

It’s time to stop applauding symbolic victories and start demanding tangible, funded policies that lift marginalized workers out of poverty and protect the planet.

Action Checklist:

• Demand a Congressional proclamation that either officially recognizes the ERA’s ratification or declares the deadline void, forcing a clear legal resolution.
• Support legislation that directly addresses the gender wage gap, such as the Paycheck Fairness Act and Family and Medical Leave Expansion Act.
• Join or donate to labor unions that are fighting for sector‑wide contracts guaranteeing equal pay, paid leave, and safe working conditions.
• Advocate for climate‑justice policies that integrate gender equity, ensuring that any transition to clean energy includes job training for women in affected industries.

The ERA may be a romantic relic, but the fight for real equality is very much alive—and it demands more than constitutional symbolism. It demands collective action, public investment, and a refusal to be pacified by empty promises.

Sources

• The Equal Rights Amendment: Background and Recent Legal Developments (Congress.gov)
• The Equal Rights Amendment, Explained (Brennan Center for Justice)
• Equal Rights Amendment – Wikipedia