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1 (August 23, 2004)

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                                                                Order Code RS20217
                                                             Updated August 23, 2004



 CRS Report for Congress

               Received through the CRS Web



 Equal Rights Amendments: State Provisions

                           Leslie W. Gladstone
                Analyst in American National Government
                     Domestic Social Policy Division


Summary


     Twenty states adopted state equal rights amendments between 1879 and 1998. The
 texts of most of these amendments either are similar to the proposed federal amendment
 or restate the Equal Protection Clause of the Fourteenth Amendment of the U.S.
 Constitution. The timing of the enactment of these state amendments and the choice of
 wording reflect both the ebb and flow of the women's movement in the United States
 and the political culture of the particular states at the time of passage. A brief history
 of the women's rights movement as it relates to the passage of state equal rights
 amendments is included. The report ends with the text and the date of enactment of
 each amendment.


 Introduction

    Twenty states have adopted constitutions or constitutional amendments providing
that equal rights under the law shall not be denied because of sex1. Most of these
provisions repeat the broad language of the proposed federal amendment;2 in others, the
wording resembles the Equal Protection Clause of the Fourteenth Amendment.3

    The earliest state constitutional rights provision on record, the California provision
of 1879, differs from both of these models by limiting the equal rights conferred to
entering or pursuing a business, profession, vocation, or employment. Interestingly, the
other two 19th century rights provisions, those of Wyoming (1890) and Utah (1896), are
broadly written to insure political and civil equality to women. Most state amendments
were adopted in the 20th century, between 1971 and 1978. These years approximate the
period when the federal Equal Rights Amendment (ERA) was before the states for


1 The number of states with equal rights provisions in their constitutions has not changed since
this report was first issued on June 3, 1999.
2 Section 1 of the proposed federal Equal Rights Amendment reads: Equality of rights under the
law shall not be denied or abridged by the United States or by any state on account of sex.
3 For texts of state equal rights amendments, see listing at end of this report.

       Congressional Research Service **o The Library of Congress

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