Harvard Case - Democracy and Women's Rights in America: The Fight over the ERA
"Democracy and Women's Rights in America: The Fight over the ERA" Harvard business case study is written by David A. Moss, Amy Smekar, Dean Grodzins, Rachel Wilf, Marc Campasano. It deals with the challenges in the field of Business & Government Relations. The case study is 39 page(s) long and it was first published on : Feb 10, 2016
This case study analysis recommends a multi-pronged approach to advance the Equal Rights Amendment (ERA) in the United States, focusing on a combination of strategic legal advocacy, public awareness campaigns, and political engagement. This approach aims to build momentum for ERA ratification, address the historical and contemporary challenges to its passage, and ultimately achieve equal rights for women under the Constitution.
2. Background
This case study examines the long and complex history of the ERA, from its initial introduction in 1923 to its current status as a controversial and debated amendment. The ERA, which seeks to guarantee equal rights for women, has faced significant opposition and legal challenges throughout its history. The case study highlights the ongoing debate surrounding the ERA, particularly its potential impact on social policy, gender equality, and the balance of power between the federal government and individual states.
The main protagonists in this case study are:
- Proponents of the ERA: These individuals and organizations believe that the ERA is essential to achieving true gender equality in the United States. They argue that the amendment is necessary to protect women from discrimination in all areas of life, including employment, education, and healthcare.
- Opponents of the ERA: These individuals and organizations argue that the ERA is unnecessary or even harmful, arguing that it could lead to unintended consequences, such as increased government intervention in private life or the erosion of traditional gender roles. They also raise concerns about the potential impact of the ERA on business and government relations, particularly in areas like corporate governance regulations and labor laws.
3. Analysis of the Case Study
This case study can be analyzed through the lens of political strategy and public policy. The ERA's journey has been shaped by shifting political tides, evolving social norms, and the complex interplay of federal and state power. The case study highlights the following key factors:
- Political Polarization: The ERA has become a highly politicized issue, with strong opinions on both sides of the debate. This polarization has made it difficult to build consensus and achieve ratification.
- Legal Challenges: The ERA has faced numerous legal challenges, including questions about its validity and the process of ratification. These legal battles have significantly delayed the amendment's passage.
- Social and Cultural Shifts: The ERA's journey reflects broader societal changes regarding gender roles and women's rights. The rise of the feminist movement in the 1960s and 1970s significantly boosted support for the ERA, while subsequent cultural shifts have led to more nuanced perspectives on gender equality.
4. Recommendations
To advance the ERA and achieve its goals, the following recommendations are proposed:
- Strategic Legal Advocacy: Proponents should focus on building a strong legal case for the ERA, addressing potential legal challenges and ensuring its constitutional validity. This includes working with legal experts, engaging in legal proceedings, and advocating for judicial interpretation that supports the amendment's intent.
- Public Awareness Campaigns: Launching comprehensive public awareness campaigns is crucial to educate the public about the ERA, its history, and its potential benefits. These campaigns should target diverse audiences, address common misconceptions, and highlight the importance of gender equality in the 21st century.
- Political Engagement: Building political support for the ERA is essential for its ratification. This involves engaging with elected officials at all levels, lobbying for legislative action, and mobilizing grassroots support. This also includes addressing concerns about the ERA's potential impact on economic policy, particularly in areas like tax incentives and government subsidies for businesses.
5. Basis of Recommendations
These recommendations are based on the following considerations:
- Core Competencies and Consistency with Mission: The recommendations align with the core mission of promoting gender equality and ensuring women's rights. They leverage the expertise of legal professionals and advocates, while also emphasizing public engagement and political mobilization.
- External Customers and Internal Clients: The recommendations consider the needs of both external stakeholders, such as women and marginalized communities, and internal stakeholders, such as advocacy organizations and legal experts.
- Competitors: The recommendations acknowledge the opposition to the ERA and its potential impact on business and government relations. They aim to build a strong and persuasive case for the amendment, addressing concerns and building consensus.
- Attractiveness ' Quantitative Measures: While the ERA's impact is primarily qualitative, it can be assessed through its potential to reduce gender inequality, improve women's economic participation, and enhance social justice.
6. Conclusion
The fight for the ERA is a long-standing battle for gender equality in the United States. While the path forward may be challenging, a strategic approach that combines legal advocacy, public awareness, and political engagement can help advance the amendment and achieve its goals. By addressing the historical and contemporary challenges to the ERA, proponents can build momentum, overcome opposition, and ultimately ensure that women have equal rights and opportunities under the Constitution.
7. Discussion
Other alternatives not selected include:
- Focusing solely on legal challenges: This approach may be too narrow and could lead to a protracted legal battle without broader public support.
- Relying solely on public awareness campaigns: This approach may not be sufficient to overcome political opposition and achieve legislative action.
- Ignoring the concerns of opponents: This approach could alienate potential allies and hinder the ERA's progress.
The recommendations acknowledge the following risks and key assumptions:
- Risk of continued political opposition: This risk can be mitigated by building broader public support and engaging in constructive dialogue with opponents.
- Assumption of a changing political climate: This assumption is based on evolving social norms and increasing public support for gender equality.
8. Next Steps
To implement these recommendations, the following timeline with key milestones is proposed:
- Year 1: Launch public awareness campaigns, engage in strategic legal advocacy, and build political support at the grassroots level.
- Year 2: Focus on legislative action, lobbying for ERA ratification, and addressing concerns of opponents.
- Year 3: Continue public awareness campaigns, strengthen legal arguments, and build momentum for ratification.
The successful implementation of these recommendations will require a coordinated effort from advocates, legal experts, and policymakers. It will also require a commitment to public engagement and a willingness to address the concerns of all stakeholders.
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Case Description
On the afternoon of June 21, 1982, the Florida Senate prepared to vote on whether to ratify the proposed Equal Rights Amendment (ERA) to the U.S. Constitution, which stated that "Equality of Rights under the law shall not be denied or abridged by the United States or by any State on account of sex." Supporters believed the ERA was essential to winning equal rights for women. Opponents claimed that the proposed amendment would dangerously expand federal power over the states, remove needed protections for women, and undermine the American family. When Congress had sent the ERA to the states for ratification, in March 1972, it had done so through a joint resolution stipulating that state legislatures had to ratify it within seven years. As the deadline neared, however, only 35 of the requisite 38 states had voted to ratify the amendment, four of which later voted to rescind ratification, though ERA supporters questioned the constitutionality of rescission. In October 1978, Congress extended the ratification deadline to June 30, 1982, a move that ERA opponents denounced as unconstitutional. Over the next several years, one more state voted to rescind, and no new states ratified. In 1982, ERA supporters made a final push for ratification. That June, the governor of Florida, an ERA supporter, called the state legislature into special session to consider, among other issues, approval of the ERA. If Florida ratified, supporters hoped that Illinois and either Oklahoma or North Carolina would quickly follow. On June 21, thousands of demonstrators, both for and against the amendment, converged on the state capitol in Tallahassee. That morning, the Florida House voted in favor of the ERA, 60 to 58. Now it was up to the Florida Senate to decide whether to ratify the amendment or to kill it.
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