A Timeline of Women's Rights, the languishing of the ERA, and badass of the week - Alice Paul

 

As I was looking for topics for the next episode of  "Re-Feminist History", I noticed that in the month of March, a lot happened, over many years, with women's suffrage and the fight for equal rights in general. 

In March of 1875, in the Case of Virginia Minor v. Happersett, the Supreme Court ruled for the 2nd time in 2 years that the 14th amendment did NOT protect a woman's right to vote.

In March of 1888 Susan B Anthony, Sojourner Truth, Clara Barton, Julia Ward Howard, and others, organized the National Council of Women of the US. 

In March of 1919, the League of Women Voters was formed. 

In March of 1972 the ERA passed, but although it was supposed to be the 25th amendment, that never happened. 

In March 1776, Abigail Adams wrote to her husband, John Adams, with her hopes for the new country and its legal system after its independence was gained from Britain.  “I desire you would Remember the Ladies, and be more generous and favorable to them than your ancestors. Do not put such unlimited power into the hands of the Husbands. Remember all Men would be tyrants if they could. If particular care and attention is not paid to the Ladies we are determined to foment a Rebellion, and will not hold ourselves bound by any Laws in which we have no voice or Representation.”

Well Abigail, we took the "L" on that one, eh? Because the founders did NOT include women, or black men. And despite many, many efforts in months other than March and in the years spanning 1847-1920, women took the "L" over and over.  Black men gained the right to vote in 1870 with the 15th amendment: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." 

The Seneca Falls Convention of 1848  is considered by some to be the birthplace of feminism. Although that first incarnation of feminism largely excluded black women (this has been one of the points of 
contention about feminism in marginalized communities for decades).  

In 1916 we see the first woman elected to Congress (Jeanette Rankin). 

In 1920, the 19th amendment was added to the Constitution: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of sex." Yay. Problem solved, right? Bwahahaha. No. 

Despite the 19th Amendment, many people were still excluded from voting due to various types of  fuckery.  In some states, women were made to pass "literacy tests" in order  to vote...sort of a problem since not all women were allowed to be educated.  "Some 66% of white girls aged 5 through 19 attend high school, and 55% of nonwhite girls. The illiteracy rate in 1920 for white adults is just 6%, while it’s 23% for black adults. Still, only about 17% of Americans (both men and women) are actually graduating from high school. But that’s better than the 2.5% from back in 1880." (bit.ly/3TN9hh6)

Other gaps in the 19th Amendment include threats of violence against Southern black women.  "In thirteen states, poll taxes impeded voting access for poor women of all backgrounds. Most Native American women remained ineligible to vote until the 1924 Indian Citizenship Act...Nor did the 19th Amendment address other disparities between the sexes." (bit.ly/43yNKvL)

In 1923, Alice Paul introduced The Equal Rights Amendment to congress. The ERA expanded the fight for women's rights beyond voting and sought to end the legal distinctions between men and women in terms of divorce, property, employment, and other matters.  It failed, and for 4 decades it languished.

In 1965, The Voting Rights Act was passed, codifying the right for women (and all citizens) to vote without loopholes for the asshatery of previous decades. The Voting Rights Act established effective federal oversight of elections and forged the strong protections for American voters of all backgrounds. "After its passage, African Americans in southern states–the largest group of persons still denied voting rights in the United States–flocked to the polls, electing African American candidates to local and state offices and transforming social movements, party politics, and policy agendas." (bit.ly/43yNKvL)

In March of 1972, the ERA was finally accepted and passed by Congress.   Senator Sam Ervin and Representative Emanuel Celler succeed in setting an arbitrary time limit of seven years for ratification. 

That same year, Phyllis Schafly establishes the National Committee to Stop ERA. You can read the whole, drawn out timeline here: bit.ly/4co6LFn.  But suffice it to say, the struggle has been real.  in 1981, Ronald Reagan became the first US president to oppose a constitutional amendment  which provides equal rights for women.

W. T. F. 

Between 1985 – 1992,  the ERA was reintroduced into each session of Congress and held in Committee.

And here we are in 2024 and it is still not officially added to the Constitution!

Many would argue, "what's the big deal? It is all but law, women effectively have equal rights."  Well the big deal is that until it is codified and added to the Constitution, we aren't really protected, are we? Because the 14th amendment didn't include us, the 19th amendment didn't fix the problem completely, and look at what has happened to Roe v. Wade! If it is no big deal then why won't they admit we are equal in the eyes of the law? Because we aren't, that's why.  We are backsliding into a place where our rights are being eroded little by little and it is very dangerous. This is why activism and education are so important. 

And so, I come to my retracted point! This episode of "Re-Feminist History" is about 2 women who fought the fight.  First is Alice Paul, who authored the ERA.  Alice Paul was part of a fundamental movement that assured the passage of  the 19th Amendment. 

In 1913 she organized the first National Women's Suffrage Parade.  

In 1917 she initiated the first ever protest at the White House just prior to the US entering WWI.  The war brought out the worst in the Wilson administration, and it was a time that many citizens were denied their civil rights and were subjected to unlawful torture and imprisonment. Alice Paul was among them.  

Paul and many other suffragists picketed the White House with banners reading, “Mr. President What Will You Do for Woman Suffrage,”  "In June 1917, picketers were arrested on charges of “obstructing traffic.” Over the next six months, many, including Paul, were convicted and incarcerated at the Occoquam Workhouse in Virginia. After a public outcry, Wilson pardoned the women, but suffragists continued to picket and to be arrested and sent to jail. Offended, Wilson offered no more pardons (dude, WTF?! Offended!). In solidarity with other activists in her organization, Paul purposefully strove to receive a seven-month jail sentence that started on October 20, 1917. Whether sent to Occoquan or the District Jail, the women were given no special treatment as political prisoners and had to live in harsh conditions with poor sanitation, infested food, and dreadful facilities. Protesting the brutal and inhumane conditions, Paul went on a hunger strike and was forcibly fed. Prison authorities beat imprisoned suffragists... More than 500 women were arrested, 168 served time, and dozens were force-fed and tortured. Paul’s tactics had worked. Wilson promised to release all suffrage prisoners and support a federal women’s suffrage amendment."  (bit.ly/3Tvas3s) 

You might think after that ordeal she would take a break. She did, but it was only a short one. In 1921, she and Crystal Eastman drafted another proposed amendment, known as the Lucretia Mott or Equal Rights Amendment. It's primary text was “Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction. Congress shall have the power to enforce this article by appropriate legislation.” 

So here we are, 100 years later, and while their Equal Rights Amendment has passed and been ratified it is still not an Amendment in the Constitution.

"As of January 27, 2020, the ERA has satisfied the requirements of Article V of the Constitution for ratification (passage by two-thirds of each house of Congress and approval by three-fourths of the states).  Leading constitutional scholars agree that the ERA is now part of the Constitution. Because of issues raised about its unique ratification process, the Archivist of the United States has not yet taken the final ministerial step of publishing the ERA in the Federal Register with certification of its ratification as the 28th Amendment." 

(bit.ly/4cxe39Y)

Next week I'll tell you about Crystal Eastman, who in addition to co-authoring the ERA, also co-founded the ACLU.  Until then, check out the podcast. Check out some of the previous episodes and learn about many, many badass women like Alice Paul and Crystal Eastman.