Guess what? The Equal Rights Amendment did not pass. It won the two-thirds vote from the House of Representatives in October 1971. In March of 1972 it was approved by the Senate and sent to the states for ratification. It failed to achieve ratification by 38, or three-quarters, of the states. It was not brought to a vote again.

Because of that rejection, sexual equality, with the exception of when it pertains to the right to vote, is not protected by the Constitution. However, in the late 20th century the federal government and all states have passed legislation protecting women’s rights. These protections are not amendments to the Constitution. They, too, can be wiped away with the swipe of a pen.

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