Exam 2: All Rights Are Not Equal: Suffrage Vs the Equal Rights Amendment

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• A change in social norms and attitudes about women must precede a legal change, particularly in the case of a constitutional amendment. The 19^th Amendment passed largely because most men and women had already decided to support suffrage for women, as the discussions of the need for it had changed minds over time. The ERA passage was attempted during times where the notion of women's equality was not as solid. It suggests that public opinion campaigns are incredibly important before ratification campaigns.
• The role that states play in the pursuit of gender equality should not be underestimated. States may take action on issues, regardless of the national government's action (or lack thereof). State actions allow for the legal avenues to gain a foothold. Some states allowed women to vote before the 19^th Amendment, which helped with the passage of suffrage, while other states passed their own versions of the ERA. State legislatures can be significant allies in the formation of federal legislation.
• All women are not alike. There is no sex solidarity in pursuit of gender equality. One group of women should not assume that another group of women holds the same definition of equality or protection. Equality and fairness can be two different concepts to different women.

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Women could be excluded from legislation that conveyed benefits only to men and that the passage of legislation that benefitted or protected women's rights could be later overturned much more easily than a Constitutional amendment. Fairness doctrine adherents argued that the ERA did not go far enough and that laws or amendments that gave special treatment to women were needed to overcome the past burdens.