"They Essentially Uncovered an Alternative History of Women’s Rights"

"The E.R.A. was opposed by virtually every other women’s organization; they believed that it was reactionary. One of the great achievements of the Progressive Era had been the passage of laws that protected women in the workplace. In 1908, Louis Brandeis's brief on behalf of the state of Oregon had helped persuade the Supreme Court to abandon the constitutionally dubious theory of 'liberty of contract,' and uphold a law limiting the number of hours that women could work. An Equal Rights Amendment would make such laws unconstitutionally discriminatory.
"Who might be in favor of such an amendment? Businessmen might be. So the N.W.P.’s best customers on Capitol Hill tended to be anti-union conservatives—for example, Howard Smith. Virginia textile mills employed large numbers of women, and Smith was interested in any legislation that might benefit mill owners. Smith and Paul were also friends, and Smith had been a supporter of the E.R.A. since 1945."


Louis Menand in The New Yorker looks at the 1964 Civil Rights Act and sex discrimination.