Working Mothers and the Postponement of Women's
SUK_FINAL PROOF_REDLINE.DOCX (DO NOT DELETE) 3/13/2021 4:13 AM WORKING MOTHERS AND THE POSTPONEMENT OF WOMEN’S RIGHTS FROM THE NINETEENTH AMENDMENT TO THE EQUAL RIGHTS AMENDMENT JULIE C. SUK* The Nineteenth Amendment’s ratification in 1920 spawned new initiatives to advance the status of women, including the proposal of another constitutional amendment that would guarantee women equality in all legal rights, beyond the right to vote. Both the Nineteenth Amendment and the Equal Rights Amendment (ERA) grew out of the long quest to enshrine women’s equal status under the law as citizens, which began in the nineteenth century. Nearly a century later, the ERA remains unfinished business with an uncertain future. Suffragists advanced different visions and strategies for women’s empowerment after they got the constitutional right to vote. They divided over the ERA. Their disagreements, this Essay argues, productively postponed the ERA, and reshaped its meaning over time to be more responsive to the challenges women faced in exercising economic and political power because they were mothers. An understanding of how and why *Professor of Sociology, Political Science, and Liberal Studies, The Graduate Center of the City University of New York, and Florence Rogatz Visiting Professor of Law (fall 2020) and Senior Research Scholar, Yale Law School. Huge thanks to Saul Cornell, Deborah Dinner, Vicki Jackson, Michael Klarman, Jill Lepore, Suzette Malveaux, Jane Manners, Sara McDougall, Paula Monopoli, Jed Shugerman, Reva Siegel, and Kirsten Swinth. Their comments and reactions to earlier iterations of this project conjured this Essay into existence. This Essay began as a presentation of disconnected chunks of research for my book, WE THE WOMEN: THE UNSTOPPABLE MOTHERS OF THE EQUAL RIGHTS AMENDMENT (2020) , but the conversations generated by law school audiences nudged me to write a separate essay to explore more thoroughly how the story of suffragists’ ERA dispute after the Nineteenth Amendment affects the future of constitutional lawmaking.
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