The Opportunity to Use the Direct Ballot Initiative Process to Amend State Constitutions: A New State-by-State Approach for the Federal Equal Rights Amendment

Abstract

This thesis investigates the plausibility of a new state-by-state strategy of amending state constitutions with the Equal Rights Amendment (ERA) via direct ballot initiative helping build momentum to ultimately ratify the federal ERA. I have analyzed the federal ERA’s lack of success over the last ninety-four years to determine there is a dissonance between elected officials and popular opinion concerning the ERA. I have also concluded that one political party has used the ERA and restriction of women’s rights as a political tool to build their base. After my recent experience in initiating and chairing the Oregon ERA ballot initiative, I have determined that a state-by-state strategy could bring the needed awareness and momentum to help ratify the ERA in the U.S. Constitution because it would expand the pool of ERA proponents at a local level. This research determined that sixteen states were possible for a state-by-state strategy and I selected Ohio and Missouri for further research for this thesis. My research found that citizens in Ohio and Missouri support a state ERA via ballot initiative as well as citizens across the nation. ERA proponents in Ohio are receptive to the state-by-state strategy. Further research with ERA proponents in Ohio revealed key differences in the political, cultural and administrative aspects that would play a role in the success of the state-by-state strategy. Bringing state ERA’s directly to the citizens via ballot initiative is the best path forward to also build momentum toward ultimate ratification of the federal ERA.