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Women demonstrating in favor of the Equal Rights Amendment.听 Photo: Ray Fairall

There is no question about it 鈥� the U.S. Constitution of 1789 did not include women in 鈥淲e the People.鈥� Efforts to rectify this inequity range from the famed declaration at Seneca Falls in 1848 through the first-, second-, and third-wave feminist movements to the present. According to recent polling data by the ERA Coalition, 80 percent of Americans today mistakenly believe the U.S.听Constitution already guarantees men and women equal rights. When they discover it does not, 94 percent support an amendment to guarantee it. The numbers indicate overwhelming support by both men and women from across the political spectrum. Why then does no such amendment exist?

An Equal Rights Amendment (ERA) to the Constitution passed easily through both houses of Congress in 1972 and made its way to the states for ratification. The wording of the ERA was a simple statement guaranteeing equality under the听law:

Within a year, 30 of the 38 necessary states had ratified, and passage seemed all but assured. But the ERA鈥檚 progress through the states unraveled over the course of the 1970s and 1980s because of a growing backlash, which led to the amendment鈥檚 eventual failure in 1982. How did this clash come to pass? Why did Americans, especially women, disagree so profoundly about the idea of constitutional equality of the sexes? Could the ERA still pass in our current era, and if so, what changes could it bring to our society?

The Early ERA Movement

In the wake of the 19th Amendment in 1920, which guaranteed women the right to vote, many suffragists 鈥� now organized and politically mobilized 鈥� did not simply return to the domestic sphere. The National Women鈥檚 Party, led by famous suffragist Alice Paul, pursued a new phase of activism: lobbying for an Equal Rights Amendment to the Constitution. An ERA was first introduced to Congress in 1923, stating simply: 鈥淢en and women shall have equal rights throughout the United States and every place subject to its jurisdiction.鈥� Paul believed that the 19th Amendment alone would not be enough to assure equal protection of the laws for women (nor would the 14th Amendment, as some argued), necessitating passage of the ERA to 鈥渞emove every artificial handicap placed upon women by law and by custom.鈥�

Paul鈥檚 ideas were popular among white, middle-class women in the 1920s and 1930s but did not resonate widely. Working-class women, in particular, feared the ERA would overturn protective legislation for women in the workplace. For example, Mary Van Kleeck, the first head of the Women鈥檚 Bureau in the U.S. Department of Labor, argued against the ERA, stating: 鈥渟ome of our laws which do not apply alike to men and therefore appear to perpetuate legal discriminations against women 鈥� such as mother鈥檚 pensions and certain provisions for the support of children 鈥� do so only superficially. Actually, these laws are intent to protect the home or to safeguard children.鈥� In addition, African American women argued the focus on the ERA did nothing to address the more pressing issue of disfranchisement of their voting rights in the South.

Bipartisan Support

The ERA gained some momentum in 1940 when the Republican Party endorsed it in its platform and the Democratic Party followed suit in 1944. Still, the amendment remained in the shadows of mainstream politics in the middle part of the century, in part because of continued opposition by the labor movement. A turning point came with the 1964 passage of the Civil Rights Act, which included Title VII, prohibiting discrimination in employment on the basis of race, color, religion, national origin, or sex, essentially nullifying many protective labor laws. The addition of sex was proposed by a segregationist Congressman hoping to use it to tank the bill (to no avail). Unfortunately, the Equal Employment Opportunity Commission (EEOC) created to enforce the Civil Rights Act rarely intervened in sexual discrimination grievances. The director Herman Edelsberg viewed the sex clause as a joke, stating 鈥渢here are people on this commission…who think that no man should be required to have a male secretary and I am one of them.鈥� Nevertheless, by the end of the decade, major labor organizations like the UAW and AFL-CIO had largely reversed their positions on the ERA.

1982 ERA demonstrators in front of the听 Florida Supreme Court 鈥擳allahassee, Florida.

Photo: Phil Coale

The growing second-wave feminist movement of the 1960s and 1970s returned the ERA to the forefront of American consciousness. The feminist movement led to considerable personal and political gains for women in this era and women鈥檚 rights found support on both sides of the aisle; it was neither strictly the realm of Democrats or Republicans. The largest feminist organization of the era, the National Organization of Women (NOW), passed a Bill of Rights in 1967 which included support for the long-sidelined ERA. In 1972, the Equal Rights Amendment finally passed through Congress. It had strong bipartisan support, including endorsement by current president Richard Nixon. By all accounts it was nearly a 鈥渄one deal,鈥� merely awaiting ratification by the necessary three-fourths of the states within seven years to become the 27th Amendment.

Backlash and Failure

So how did a popular, bipartisan amendment fail? The answer lies in the shifts occurring within the Republican Party in this era. The 1960s and 1970s were a period of significant realignment for the GOP, driven in part by debates about feminism and the family. Conservative Sen. Barry Goldwater鈥檚 1964 presidential campaign, along with the rising popularity of Ronald Reagan, represented a challenge to the moderate Rockefeller Republicans. This era also saw the Republican Party pursue disaffected Democratic voters, particularly those in the South and the suburbs who opposed the social changes of the 1960s brought by the civil rights movement, feminism, counterculture, and the anti-war movement. This shift coalesced into the rise of the 鈥淣ew Right鈥濃�� a diverse coalition of social conservatives motivated by their positions on race, religion, family, or gender roles. Many social conservatives felt called to action in opposition to the gains of the feminist movement, particularly the 1973 Supreme Court decision legalizing abortion, Roe v. Wade. Republican feminists, meanwhile, who were committed both to small-government conservatism and women鈥檚 rights, found themselves in a precarious position within their own party. Many prominent Republican feminists, like Jill Ruckelshaus and Mary Dent Crisp, continued to push back against the New Right coalition from within, insisting feminism and Republican values were not antithetical, and the Republican Party, the original home of suffrage and the ERA, ought to continue to support women鈥檚 rights legislation.

But increasingly, Republican feminists lost ground to anti-feminist leaders in the party. Foremost among these was Phyllis Schlafly, who rose to fame with her book 鈥淎 Choice Not an Echo,鈥� written in support of Goldwater in 1964. Contrary to popular misconception, Schlafly was not always opposed to the ERA; she even thought it might be 鈥渕ildly helpful.鈥� However, in 1972, after a friend encouraged her to take a deeper look, she came out in strong opposition and formed the organization STOP ERA (an acronym for 鈥淪top Taking Our Privileges鈥�). Part of her opposition stemmed from her belief in limited government, fearing that the amendment would grant too much power to the federal government to interfere in the traditional family. Her STOP ERA movement resonated across the country with socially conservative religious women who opposed challenges to traditional gender roles. Schlafly stoked fears of change by highlighting the potentially wide-ranging ramifications of the amendment. She argued: the ERA would force men and women to share public restrooms, lead to women being drafted into combat, hurt women鈥檚 custody rights in divorce cases, and lead to same-sex marriage and unlimited abortion rights. She attacked not just Democrats, but members of her own party for their failure to recognize the threat of the ERA. Schlafly especially pulled no punches in critiquing so-called 鈥渨omen鈥檚 libbers鈥� who supported the ERA because, she argued, they 鈥渉ate men, marriage, and children.鈥�

By the late 1970s the amendment had lost considerable momentum due to STOP ERA鈥檚 pressure on state legislators. Thirty-five states had ratified, three shy of the goal. In the meantime, five additional states rescinded their ratification, an outcome of questionable legality. Proponents of the ERA continued to campaign in favor of the amendment that would, as they argued during the International Women鈥檚 Year Conference of 1977, 鈥渆nshrine in the Constitution the value judgment that sex discrimination is wrong.鈥� They countered Schlafly鈥檚 assertions by arguing the ERA 鈥渨ill NOT change or weaken family structure鈥� and would not affect same-sex marriage laws, abortion laws, or require unisex bathrooms. They noted the broad support for the ERA among both Republicans and Democrats, including by the last six presidents of the United States.

Approaching the 1979 deadline, with pressure from feminists and a NOW-sponsored boycott of unratified states, Congress extended the ratification deadline until 1982. But the three remaining states never came. The realignment of the Republican Party toward the New Right was a certainty by the 1980 presidential election. Indeed, the 1980 GOP platform was the first to not include support for the ERA in 40 years. In 1982, still three states short, the amendment failed. At the time of the amendment鈥檚 failure, most Americans still supported it. Even in unratified states like North Carolina, Florida, and Illinois, a solid majority favored its passage.

The ERA Today and Tomorrow

ERA proponents believe a path toward ratification still exists today. The most promising is the 鈥渢hree state strategy鈥� wherein legal scholars believe three additional states could ratify to reach the required 38 total and then Congress could repeal the original ratification deadline. While this would certainly ignite debate around the issues of the rescission and ratification deadlines, it鈥檚 a possibility that has come much closer to fruition recently as Nevada and Illinois became the 36th and 37th states to ratify in 2017 and 2018. ERA bills have also been introduced in other unratified states, including Arizona, Florida, North Carolina, Utah, Virginia, and Georgia.

A scene from a rally on March 22, 2012, at the U.S. Capitol marking the 40th anniversary of Congress鈥� passage of the Equal Rights Amendment.

Photo:听Chip Somodevilla / Getty Images

Many of Phyllis Schlafly鈥檚 talking points against the amendment, regardless of their validity, are no longer contemporary concerns 鈥� women are no longer excluded from combat and politicians on both sides of the aisle support women registering for the Selective Service, gender-neutral bathrooms are common, Obergfell v. Hodges (2015) legalized same-sex marriage, and women no longer receive custody preference in divorce cases. No longer able to fall back on Schlafly鈥檚 old arguments against it, some critics now charge the ERA is simply no longer necessary. Indeed, without the ERA, other laws have closed gaps in sex discrimination, including Title IX of the Education Amendments (1972), the Equal Credit Opportunity Act (1974), the Pregnancy Discrimination Act (1978), the Violence Against Women Act (1994), and the Lilly Ledbetter Fair Pay Act (2009). In addition, 24 state constitutions now have provisions guaranteeing equal rights on the basis of sex.

Yet there are still no guarantees of equal rights at a constitutional level and legislation can be overturned much more easily than a constitutional amendment. While some people have argued that the equal protection clause of the 14th Amendment already guarantees equality in the Constitution, an argument made continuously since the days of Alice Paul, the problem is that it is subject to differing interpretations by the courts and not a clear guarantee. As the late Supreme Court Justice Antonin Scalia argued in 2011, 鈥渃ertainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn鈥檛.鈥�

Discrimination against women occurs daily in our current society, and legal and judicial remedies have proved incomplete in addressing it. Legal solutions to sex discrimination have failed in such areas as pregnancy discrimination, domestic violence, and pay inequality. For example, courts have upheld the constitutionality of paying a woman less than a man doing the same work because the woman鈥檚 salary in her previous job was less than the man鈥檚. As a result, 鈥渨omen can expect to earn much less than men over the course of their careers 鈥� anywhere from $700,000 to $2 million less,鈥� says Jessica Neuwirth, president of the ERA Coalition, in her book 鈥淓qual Means Equal: Why the Time for an Equal Rights Amendment Is Now.鈥�

Would passage of the ERA lead automatically to a sex-blind and equal society? That鈥檚 not likely, at least at first. However, as Neuwirth, articulates, 鈥渢he way our Constitution works, we cannot say with certainty what exactly the ERA will or won鈥檛 do… It is for Congress and state legislators to pass laws, and for courts to interpret them. What we can say with certainty is that the ERA will give the courts a new standard, a clear and strong statement of sex equality.鈥�

Button images are from the collection of Jo听Freeman, except ones marked with an asterisk.

Photo:听Marked images are courtesy of sherwoodstreasures.com.

It would likewise help to put the U.S. back on equal footing internationally with the 187 nations (nearly every nation on Earth) that ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the 139 with sex equality provisions in their constitutions. As Supreme Court Justice Ruth Bader Ginsburg argued at a Duke University Law School talk in 2005, 鈥淓very constitution written since the end of World War II includes a provision that men and women are citizens of equal stature. Ours does not.鈥�

Perhaps the most compelling reason to seek ratification likewise comes from Justice Ginsburg鈥檚 2005 remarks at Duke, articulating its importance for the next generation, 鈥淚 have three granddaughters. I鈥檇 like them to be able to take out their Constitution and say, 鈥楬ere is a basic premise of our system, that men and women are persons of equal stature.鈥� But it鈥檚 not in there.鈥�

Joanna Lew left a traditional college to enlist in the Navy, and her naval career led her to a job at Exelon. Ken Buske wanted to strengthen his performance at Exelon鈥檚 Nine Mile Point Nuclear Station. Michael Johnson retired from the Navy in 2000 and was eager to translate his experience into a civilian career.

While each took a different path, they all benefited from Excelsior College鈥檚 partnership with the Energy Providers Coalition for Education (EPCE), earning a nuclear engineering technology degree from Excelsior College.

Excelsior College began its partnership with EPCE over a decade ago. EPCE, a nonprofit founded in 2000, connects energy companies with academic programs that they can offer to their employees. A vital resource for the energy industry, EPCE works with more than 2,500 companies to share industry-inspired academic programs, such as Excelsior College鈥檚 bachelor鈥檚 in nuclear engineering technology program.

鈥淥ur partnership allows companies that are EPCE members to enroll employees in our diverse energy programs, no matter the number of employees, whether it鈥檚 one from one plant or 10 from several plants,鈥� said EPCE Director Christine Carpenter. 鈥淏ecause we are providing this opportunity nationally to all of our different utility companies, it鈥檚 very much a shared resource 鈥� that addresses national, regional, and local employer workforce education and training needs whenever they come up.鈥�

EPCE鈥檚 energy industry members recommend programs based on their workforce needs to EPCE鈥檚 governance committee. EPCE then works with its partner colleges and universities to ensure programs are available to train workers to fill those needs. In 2007, the nuclear technology field became a focal point for Excelsior College as it began offering a Bachelor of Science in Nuclear Engineering Technology through an EPCE partnership.

鈥淚n the 1970s and 1980s there was a large demand for nuclear workers, but the demand started to slow down. There was no longer a need to hire personnel, so the hiring process stagnated over the years to the point where that influx of people that we were hiring then are now ready to retire,鈥� said Willie Plaza, a senior operations instructor at Calvert Cliffs Nuclear Plant in Maryland. 鈥淲e forecasted that this population will be retiring, and we needed to supplement that workforce.鈥�

In 2015, the Nuclear Energy Institute issued a report that estimated nearly 40 percent of the nuclear workforce would be eligible for retirement by 2018. This means the need for nuclear workers continues to be significant. The wave of opportunities available in the field is good news for students pursuing degrees in nuclear engineering technology.

Introducing Exelon Employees to Excelsior

Exelon employees gain on-the-job experience in the nuclear field. While some don鈥檛 have college degrees, their professional training 鈥� and any previous military experience 鈥� can translate into college credit. EPCE works with Excelsior College and other colleges and universities to convert previous experience into credit. This helps accelerate the academic journey for energy industry workers who want to earn their bachelor鈥檚听degree.

鈥淏eing able to apply someone鈥檚 previous learning toward college credit is an absolute must for adults. It is something that every one of our education providers are experts at, and I believe this is one of the areas where Excelsior College really shines,鈥� said Carpenter. 鈥淭hey have assessed the type of employee training provided in the nuclear industry, and because that training is accredited, they can provide actual college credit.

鈥淚n some cases, over half of the credits required for a bachelor are already obtained,鈥� she added. 鈥淲hen you think about that, it鈥檚 saving time, saving money, and it is validating the training that鈥檚 already being provided within the industry.鈥�

On average, employees from EPCE-member companies earn 67 college credits based on their previous learning and training experiences 鈥� which moves these employees more than halfway toward achieving a degree at Excelsior.

Earning higher academic credentials allows workers to move up the ranks. At Exelon, officials have seen how education through the EPCE partnership has been a catalyst for their employees鈥� careers.

鈥淲e鈥檝e literally had individuals start as contract administrators and become Exelon Corporation employees who are now managers in our company because of this program,鈥� said Janna Jackson, senior site communications specialist at Calvert Cliffs, an Exelon facility commissioned in the 1970s.

Excelsior College has sent representatives to Calvert Cliffs for its Educational Conference Days, which many energy plants hold for their employees and run similar to job fairs. During听these events, Exelon highlights individuals who have gone back to school to earn college degrees.

鈥淭heir stories can be so impactful to those who may be in similar shoes and may not realize this program can really be leveraged to springboard their career into something bigger and better,鈥� said Tiffany Curry, senior HR generalist at Calvert Cliffs. 鈥淵ou don鈥檛 have to come in with a degree to somehow land on the leadership team. You can start at the bottom, gain your experience, work through Excelsior College, and ultimately land where you want to be.鈥�

Academic advisors at Excelsior College review Exelon employees鈥� transcripts, which are submitted prior to any site visit. This preliminary evaluation gives power plant employees a better idea of how many credits they may already have earned based on their previous experience and training. It allows them to have a more meaningful conversation with Excelsior College representatives during Educational Conference Days.

In addition to reviewing military and employment training records, Excelsior College reviews any college credits employees may have earned. Excelsior College has partnerships with academic institutions and community colleges throughout the country 鈥� and at power plants, like Calvert Cliffs, those partnerships open up new pathways for Exelon employees.

鈥淪tudents can follow the curriculum at the College of Southern Maryland (a community college near Calvert Cliffs), follow that associate degree and rest assured that all of those credits will transfer, in addition to other credits, to really help employees save money and maximize their time at the community college,鈥� said Lisa Romano, Excelsior College鈥檚 regional director of government and workforce partnerships. 鈥淚t鈥檚 a great opportunity to save money.鈥�

Michael Johnson first met Willie Plaza when they both worked at Exelon from 2011 through 2014, partnering with Plaza on a training audit at an Exelon facility. They both shared an interest in helping workers gain the skills they needed to advance their careers.

Later, Johnson left Exelon to become a faculty program director at Excelsior College and, after other roles, became the associate dean for technology for the School of Undergraduate Studies.

When Johnson eventually reconnected with Plaza at a Calvert Cliffs education day, it helped strengthen Excelsior鈥檚 collaborative relationship with Exelon. In this role, Johnson helped design and implement Excelsior鈥檚 strategic effort to introduce Exelon workers to the value of ongoing higher education.

Centered around targeted outreach to Exelon employees, the plan bolsters the impact of Excelsior鈥檚 site visits. Ahead of the visit, college staff members complete transcript evaluations and encourage interested employees to take advantage of this on-the-job opportunity to learn about their programs. Once on site, Excelsior鈥檚 representatives communicate directly with Exelon employees about how an Excelsior degree can accelerate their nuclear careers. Excelsior College also gives employees the option to enroll on the spot.

180 Nuclear Engineering Tech Grads Each Year

The carefully executed visits have worked well for Excelsior College, EPCE, and Exelon. At least five Exelon employees enroll in the nuclear engineering technology program with each visit.

Exelon values the high-quality education Excelsior is providing its nuclear engineering technology students, and Excelsior has found Exelon employees to be ready and eager to work hard to quickly earn their degree. The trust and partnership between Exelon and Excelsior has grown so strong that Exelon interviews nearly every nuclear engineering technology graduate, who is not already committed to another company, for job opportunities at their facilities.

鈥淓xelon, as a company, offers a very generous tuition reimbursement program, and coupling that with the relationship with Excelsior College, we鈥檝e had a lot of success stories come out of our own specific station at Calvert Cliffs to where we鈥檙e able to develop and grow our employees from the ground up,鈥� says Curry. 鈥淚t鈥檚 been really fun to watch, and I feel as though we are better prepared to take on the future of nuclear. We have the right leaders, or people waiting in the wings to take on those leadership roles.鈥�

The capstone course, the final requirement for the nuclear engineering technology degree, usually has 12 students over five sections, which means each year 180 students earn their degree. Since the program鈥檚 inception, more than 1,772 students have earned a degree in nuclear engineering technology.

The BS in nuclear engineering technology program at Excelsior College has a unique strength in its ABET accreditation. Only 19 schools have online programs that are ABET-accredited. The Accreditation Board for Engineering and Technology, a national non-governmental organization, reviews and accredits programs that meet certain standards and successfully prepare graduates for jobs in engineering and technology fields.

However, it鈥檚 not only the nuclear engineering technology program that Excelsior College promotes with its Exelon visits. Excelsior also has two other ABET-accredited programs, the BS in Electrical Engineering Technology and the BS in Information Technology, that employees often pursue. Several have enrolled in Excelsior鈥檚 MBA program, too.

One example is Bill Klee, who connected with Johnson on an Excelsior College visit in 2016. Klee was drawn to the BS in Information Technology program. Johnson kept in contact with Klee after their visit. Klee decided to enroll, partially because Excelsior College provided 72 credits toward Klee鈥檚 degree. He鈥檚 expected to graduate in mid-May 2020, which will help him advance in his career.

A Real Difference in Students鈥� Lives

Joanna Lew wanted to advance her career. Employed within Exelon鈥檚 Philadelphia-area Limerick Station, Lew had joined the U.S. Navy after her first year of college. She then served in the Nuclear Power Program for two years. Lew felt it was essential that she earn a technical degree to supplement her professional experience, which is why she chose Excelsior College鈥檚 nuclear engineering technology program. She earned her bachelor鈥檚 in January 2017.

Joanna Lew had 10 years of industry experience before earning a bachelor鈥檚 in nuclear engineering technology from Excelsior College in 2017. Since then, she has been promoted twice. In January, she became the supervisor in instrumentation and controls maintenance at an Exelon nuclear plant in Pennsylvania.听

Photo courtesy of Joanna Lew

鈥淥nline education provided me the ability to continue to work full-time and go to school, while still being able to spend time with my husband and my two little twins,鈥� said Lew.

After graduation, she earned a promotion to lead instructor. Additionally, Exelon placed her in its Emerging Leader Program, and at the recommendation of her supervisors, she was invited to participate in Leadership Tri-County, an exclusive leadership development program offered by her local chamber of commerce.

By securing her degree in nuclear engineering technology, she has accelerated her career and gained new responsibilities in the workplace. 鈥淚n addition to supervising the group鈥檚 instructors, I am responsible for their training and professional development; ensuring compliance with corporate procedures and federal regulatory requirements,鈥� said Lew. She has since been promoted in fall 2018 to a supervisor position.

Ken Buske, as a reactor operator, knew a nuclear engineering technology degree would help assist in the safe, everyday operation of Nine Mile Point Nuclear Station. Buske ultimately chose Excelsior after one of the college鈥檚 site visits.

鈥淓xcelsior College has positioned themselves very favorably in the online academic community, not only in terms of administrative excellence, but through their selection of faculty,鈥� said Buske. 鈥淚 had the opportunity to work with incredible minds; individuals who pushed my limits, and those who provoked the essential critical thinking that creates graduates worthy of success in competitive career fields.鈥�

Johnson鈥檚 New Role in the Nuclear Field

Earlier this year, Johnson returned to the nuclear industry after accepting a job as site manager for an alliance partner with Exelon at the FitzPatrick Nuclear Power Plant in central New York state.

He still works as an instructional faculty member at Excelsior College. He鈥檒l remain an essential part of Excelsior College鈥檚 nuclear workforce development efforts as he expands and advances his own professional career at Exelon鈥檚 FitzPatrick plant.

As a site manager, Johnson takes on an especially vital role for Exelon during routine outages, which are scheduled periods of time when electricity demand is low and workers are deployed for equipment inspection, maintenance, or refueling.

鈥淚 develop all of their estimates. I鈥檓 responsible for the workforce. We bring in the local union guys whenever we have work on the schedule, so I have to manage them and supervise,鈥� said Johnson. 鈥淒uring an outage, you can get up to close to a thousand people who are working directly under my leadership.鈥�

With his high level of expertise in nuclear energy and higher education, Johnson understands how to access programs and resources to prepare the workforce he directs with the necessary skills to excel in their jobs.

鈥淭his is another opportunity for me to engage with the industry 鈥� and help the industry become more efficient and be more competitive,鈥� Johnson said.

The workforce needs of the nuclear energy industry remain significant. However, through its relationship with Excelsior College, Exelon has created a vital workforce pipeline that has helped the company find the people they need: well-trained, highly skilled nuclear energy workers like Lew, Buske, Klee, and Johnson.