The Equal Rights Amendment: Reality and Spin
Forbes’s commentary wasn’t coming out of nowhere. Between the novel’s publication in 1972 and Forbes’s film’s release in 1975, America had witnessed the bizarre, disorienting, and demoralizing trajectory of the Equal Rights Amendment, which had seemed poised to sail through Congress in 1971-72 but had fallen on hard times by 1974-75.
The Equal Rights Amendment to the Constitution is per-haps the single most important and most often forgotten aspect of American women’s history in the 1970s.
Readers who lived through the 1970s likely remember it; but many of my own under-graduate students have never even heard of the ERA and certainly have no concept that it was on the congressional docket for a decade and in American public discourse for the same period of time – from its rapid and almost uncontested passage through the two houses of the US legislature in March 1972 to its slow, death-by-a-thousand-cuts rejection by state legislatures in 1982.
The text of the Equal Rights Amendment is shockingly modest and short.
It has one clause that is substantive, two that are logistical. In its entirety, it reads,
1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
3. This amendment shall take effect two years after the date of ratification. (ERA, March 1972.)
That is the whole thing. As the renowned feminist scholar Jane Mansbridge has pointed out, the ERA guaranteed equal legal rights but did not guarantee any specific new rights or privileges to women. It did not challenge any specific traditional roles, practices, or social institutions. It was an extremely modest piece of legislation whose short-term effects would likely have been minimal.
Partially because it was a relatively modest rights bill, it sailed easily through the House of Representatives.
On October 13, 1971, the front page of the Times ran an article announcing that the Equal Rights Amendment had passed in the House of Representatives by a vote of 354-23. A landslide, bipartisan victory. American women—and men—could see clearly and plainly that their government was in almost unanimous support of the equal legal rights of women and of amending the United States Constitution to reflect that support. But the very next day, buried on page 39 of the Times, was quite a comedown: because the Senate had a lot of urgent business to attend to, its own vote on the ERA would have to wait until 1972.
Equal rights for women may have been a good idea, but it was just not, well, urgent in the minds of legislators. The article also noted that proponents of the ERA worried that trying to pass it in an election year (1972) rather than immediately after its landslide win in the House (late 1971), would significantly hurt its chances.
This pattern, in which women’s rights seem to be going in a positive direction, making major, unambiguous strides, and then being curbed, limited, or threatened immediately thereafter, would continue throughout the early 1970s, producing a whiplash effect for Americans. To understand how this happened, we have to dig deeper into the controversies that surrounded the ERA, and the patterns and trajectories by which states approved or denied the legislation. First, we need to think about what women thought they might be getting (or losing) if the ERA passed. Obviously, they thought they would be getting equal rights under the law—and that would have been true. But between 1972 and 1975, the most public and politicized parts of the debate on the ERA were not focused per se on equal rights in the eyes of the law. They were focused instead on specific lifestyle issues—issues on which the ERA’s eventual impact was hard to discern.
The element of the ERA that most threatened core American ideology was the idea that it would increase job opportunities for women outside the home.
Even though other contemporaneous legislation rendered ERA’s potential protection and expansion of women’s jobs essentially irrelevant, the popular perception was that women had a great deal to gain (proponents of ERA) or lose (opponents) by the passing of the amendment. Many opponents who adhered to the traditional, patriarchal values that fetishized a man’s right and responsibility to protect and provide for his wife found the idea of promoting women’s status in the economy of extra-domestic work threatening and destabilizing-both to women’s and men’s gender roles.
That perception of threat wasn’t entirely unfounded, considering the changing state of American domestic culture. According to censuses and polls from the 1970s, many fewer women chose to work exclusively in the home by the 1970s than had in the 1950s, and many fewer ranked housework as an occupation they enjoyed. This idea that housework was unfun and undesirable is reflected on nearly every page of Ira Levin’s novel, and in nearly every scene of the Stepford Wives film. The devaluation of domestic work was a frightening and destabilizing notion for many women who valued homemaking as their exclusive work and saw it as the key to their social status. Jane Mansbridge has pointed out that part of the ERA’s problem was that it seemed to differentially affect women of different educational classes:
The more highly educated the woman, the likelier she was to want to work outside the home and the likelier she therefore was to benefit from what the ERA promised. By seeming to offer greater employment opportunities for women, however, the amendment seemed implicitly to devalue domestic labor. When the ERA rolled in, the implicit statement that it made was that women, now about to receive equal legal rights with men, would surely not want to make their lives in the domestic sphere anymore.
Both sides of the aisle jumped on the domestic lifestyle changes the ERA seemed poised to usher in.
On the left, Bella Abzug penned a crackling op-ed in The New York Times in favor of enforcing equal employment opportunities, setting up federal childcare, and passing the ERA.
In 1971, a Times article came out that a team of legal scholars supported the passage of the ERA and noted that these lawyers advocated women’s participation in the military, education, and employment; these scholars also acknowledged that the ERA might change women’s preferential treatment in family law. The article clearly both advocated for the ERA and saw it as powerful enough to quickly and substantively change traditional sex roles assigned to women, as well as women’s position in the domestic sphere.
Meanwhile, right-wing opponents of the ERA were making noise in the press as well. On October 24, 1971, the Times ran a letter to the editor that attacked the ERA full force, seeing it as legislation that endangered “traditional roles in a family structure.” The author of this letter, a doctor of neurology at Yale School of Medicine, pointed out that the weakening of the family would, in his view, lead to “increased rates of alcoholism, suicide, and, perhaps, sexual deviation.” This doctor lampooned women’s equality in the law as dangerous to mental health and what he saw as American sexual mores.
Before the public’s eyes, a rights bill was clearly and decisively being repackaged—not just by liberals but also by conservatives—as something much more exciting and much more threatening: a lifestyle bill.
Despite the ambivalence in the United States about the bill and about the lifestyle changes it seemed to promise and/or threaten, it flew through the US Senate. First, the Senate Judiciary Committee voted 15-1 on February 29, 1972, in support of the ERA. Then in mid-March, the Citizens Advisory Council on the Status of Women implored President Richard Nixon to voice his support for the ERA; their pleas seem to have had an effect, because Nixon spoke up in favor of the ERA the weekend before the Senate vote was to take place. Finally, on March 22, “the 49-year struggle of feminists to get the amendment through Congress ended at 4:38 p.m. when the 84-to-8 vote was announced.” Eighty-four to eight: fewer than 10 percent opposition. It was another landslide.
As the ERA ratification shifted over to individual states, Hawaii became the first to ratify.
The Times noted a broad perception that the bill would achieve the ratification of the required thirty-eight states for its inclusion in the US Constitution. Within a week, five more states had ratified the amendment; Kansas became the seventh on March 28. But that first heady week that envisioned a rapid-fire, landslide success for the ERA came to an end on March 29, when Oklahoma shot down the amendment, citing fears about changes to child welfare, marriage law, women’s susceptibility to the draft, and their ability to take on jobs that would require them to lift heavy objects.
In the following week, a group of housewives spoke out in the Times against the ERA. The group’s representative is quoted in the Times saying,
“Our daughters are being taught in school that there is no joy or accomplishment in being a wife and mother… As real women, we want to defend our homes… [and] want to be loved and protected by our men.”
In the Ladies Home Journal of 1975, a prominent opponent of the ERA named Phyllis Schlafly said, “The Equal Rights Amendment is the biggest fraud that has come down the pike since Charles Ponzi promised investors he would double their money every 90 days.”
The proto-Stepfordians were already taking center stage, shooting down the idea of equality because, somehow, it seemed to undercut women’s importance in the home and their respectability and lovability in the eyes of their husbands.
Between 1972 and 1975, the ERA lurched painfully up and down in public sentiment, like an unending and senselessly volatile roller-coaster ride.
In a 1975 Gallup poll, 58 percent of surveyed Americans favored the ERA. When broken down into categories, that 58 percent contained slightly more men than women (63 percent vs. 54 percent), more Easterners than Westerners, more Northerners than Southerners. That is, three years into the labored effort to pass the ERA, a significant majority of American men and a slightly less significant majority of American women favored the passage of the ERA.
And yet, somehow, it just wasn’t passing—at least not by 1974. Which was the year in which Bryan Forbes began shooting The Stepford Wives in Connecticut.
That “somehow” had quite a lot to do with the aforementioned Phyllis Schlafly. Although my undergraduate students very rarely even recognize her name, Phyllis Schlafly is the ultimate, original, and most influential trad wife in American history, having initially come to prominence in 1964, when she published a conservative book called A Choice Not an Echo, and then running an unsuccessful but highly visible campaign to be president of the National Federation of Republican Women in 1967. An article from The New York Times in December 1975 opens “Phyllis Schlafly, the 50-year-old conservative Republication who heads the nationwide crusade against the Equal Rights Amendment,” and goes on to describe her as “immaculately groomed… with streaked blonde upswept curls who stands 5 feet 7 inches and weighs 135 pounds—’the same I weighed before my six children were born.”
At the head of her “troops” of 1970s trad wives, Schlafly urged them to deploy “femininity tactics” on lawmakers as well as on the American public:
“Her supporters wear long dresses and hand out such things as homemade bread, apple pies, and jam to legislators.” She weaponized traditional femininity and, perhaps unsurprisingly given the entrenched gender conservatism of mainstream American culture, it worked like a charm.
Schlafly characterized feminism as an “antifamily movement” that refused to see that “most women find their major fulfillment in the home.” By far her most famous “contribution” to American politics, however, came in her successful grassroots dismantling of the ERA.
In large part through the action of Schlafly and her “troops,” the momentum that had made the ERA seem like a legislative slam dunk in 1971-72 simply died.
By 1975, American women had come to grips with the very painful reality that not all Americans—and in fact, not all American women— wanted equal rights for women.
By the time The Stepford Wives hit theaters, moviegoers were well aware that there was a very real chance that the liberated and often urban women of American might very well be stopped in their tracks by the domestic goddess suburban “hausfraus,” who were painfully successful at keeping their men satisfied, happy, and secure in their status as heads of household. So, even though The Stepford Wives was and is a horror movie, and a horror classic at that, it also hit theaters and communities very much as a sociopolitical satire.