In May 1979, shortly after the original ratification deadline passed, the states of Idaho, which had rescinded its ratification, and Arizona, which had rejected ratification, filed suit in federal court. SENATE AND HOUSE TO GET AMENDMENT; A Proposed Constitutional Change To Be Introduced On October 1", "Dr. Frances Dickinson women's equal rights", "The Proposed Equal Rights Amendment: Contemporary Ratification Issues", "Conversations with Alice Paul: Woman Suffrage and the Equal Rights Amendment", "What's in a Name? The ERA has been ratified by the following states:[60], ** = Ratification revoked after June 30, 1982, Although Article V is silent as to whether a state may rescind, or otherwise revoke, a previous ratification of a proposedbut not yet adoptedamendment to the U.S. Constitution,[66] legislators in the following six states nevertheless voted to retract their earlier ratification of the ERA:[67]. Identical legislation can be, and often is, introduced in the next Congress, but it is new legislation for which the legislative process must begin again. [34], At the 1944 Democratic National Convention, the Democrats made the divisive step of including the ERA in their platform, but the Democratic Party did not become united in favor of the amendment until congressional passage in 1972. [47] Said Betty Friedan of the strike, "All kinds of women's groups all over the country will be using this week on August 26 particularly, to point out those areas in women's life which are still not addressed. During the 65th Session of the Texas Legislature held January to June of 1977, bills were introduced in the House and Senate to recall Texas's ratification of the national Equal Rights Amendment. [139] One prominent female supporter was New York representative Shirley Chisholm. March 22, 1972. The Equal Rights Amendment and Utah From the 1960s through the 1980s, proponents of the Equal Rights Amendment (ERA) were seeking ratification in each state throughout the United States. "[192], On March 8, 2011, the 100th anniversary of International Women's Day, Representative Tammy Baldwin (D-Wisconsin) introduced legislation (H.J. This is an issue of following the rule of law, the rules that our founding fathers put into place to protect us from government making decisions without the consent or support of "we the people". When that deadline passes without ratification by three-fourths of the states, the proposed amendment expires and is no longer pending. Ballot measures, Who represents me? A majority of states ratified the proposed constitutional amendment within a year. School districts | [34][56] President Richard Nixon immediately endorsed the ERA's approval upon its passage by the 92nd Congress. The congress was organized by suffragist Dr. Ellen Lawson Dabbs, secretary of the Texas Equal Rights Association. These proponents state that Congress can remove the ERA's ratification deadline despite the deadline having expired, allowing the states again to ratify it. [22] Alice Paul and her National Woman's Party asserted that women should be on equal terms with men in all regards, even if that means sacrificing benefits given to women through protective legislation, such as shorter work hours and no night work or heavy lifting. The 1972 ERA, therefore, can no longer be ratifiedbecause it no longer exists. The joint resolution can originate in either the House or the Senate. [76], On March 19, 2021, North Dakota state lawmakers adopted Senate Concurrent Resolution No. [157] Mansbridge concluded, "Many people who followed the struggle over the ERA believedrightly in my viewthat the Amendment would have been ratified by 1975 or 1976 had it not been for Phyllis Schlafly's early and effective effort to organize potential opponents. Defense of traditional gender roles proved to be a useful tactic. The issue is whether the 1972 ERA remains pending before the states. The Hayden rider added a sentence to the ERA to keep special protections for women: "The provisions of this article shall not be construed to impair any rights, benefits, or exemptions now or hereafter conferred by law upon persons of the female sex." These women argued that the ERA would disadvantage housewives, cause women to be drafted into the military and to lose protections such as alimony, and eliminate the tendency for mothers to obtain custody over their children in divorce cases. For example, a jazz funeral for the ERA was held in New Orleans in July 1982. Not a single additional state ratified the amendment during the deadline extension period, and five states had already rescinded their ratification. The commission was chaired by Eleanor Roosevelt, who opposed the ERA but no longer spoke against it publicly. [125] Oral arguments were held on September 28, 2022,[126] before a panel composed by judges Wilkins, Rao and Childs.[127]. [75] Constitution Annotated notes that "[f]our states had rescinded their ratifications [of the ERA] and a fifth had declared that its ratification would be void unless the amendment was ratified within the original time limit", with a footnote identifying South Dakota as that "fifth" state. Click here to contact us for media inquiries, and please donate here to support our continued expansion. It took longer for the states to ratify this amendment than any other in history. Despite being centered in New York Citywhich was regarded as one of the biggest strongholds for NOW and other groups sympathetic to the women's liberation movement such as Redstockings[48]and having a small number of participants in contrast to the large-scale anti-war and civil rights protests that had occurred in the recent time prior to the event,[47] the strike was credited as one of the biggest turning points in the rise of second-wave feminism. By January 1977, 35 states had ratified it and five of those states had rescinded their ratification. In the following decades, women marched, protested, lobbied, and even went to jail. 208), by which the 92nd Congress proposed the amendment to the states, was prefaced by the following resolving clause: Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress: [emphasis added], As the joint resolution was passed on March 22, 1972, this effectively set March 22, 1979 as the deadline for the amendment to be ratified by the requisite number of states. The Supreme Court has confirmed Congress view. A joint resolution is pending at the proposal stage during the Congress in which the joint resolution is introduced. Judie Gammage, Quest for Equality: An Historical Overview of Women's Rights Activism in Texas, 18901975 (Ph.D. dissertation, North Texas State University, 1982). 208 took place in the mid-to-late afternoon in Washington, D.C., when it was still midday in Hawaii. By the 1870s, women pressured Congress to vote on an amendment that would recognize their suffrage rights. [193] The resolution had 56 cosponsors. [34] The main support base for the ERA until the late 1960s was among middle class Republican women. The ELRA gained passage in the Senate, but House members voted it down by a slim margin. Contemporary efforts to make the ERA part of the Constitution fall into two categories. "[147] They appealed to married women by stressing that the amendment would invalidate protective laws such as alimony and eliminate the tendency for mothers to obtain custody over their children in divorce cases. [129], Later, Ginsburg voiced her opinion that the best course of action on the Equal Rights Amendment is to start over, due to being past its expiration date. "[163] Opposition to the amendment was particularly high among religious conservatives, who argued that the amendment would guarantee universal abortion rights and the right for homosexual couples to marry. Fair Park is an important place in the story of ratification. 9), Tennessee (April 23, 1974: Senate Joint Resolution No. Cities | Help expand Ballotpedia's elections coverage - volunteer with us, The Texas Equal Rights Amendment, also known as Proposition 7, was on the November 7, 1972 ballot in Texas as a legislatively referred constitutional amendment, where it was approved. The Equal Rights Amendment (ERA) passed Congress in 1972 and was quickly ratified by 35 of the 38 states needed for it to become part of the Constitution. [23] Opponents of the amendment, such as the Women's Joint Congressional Committee, believed that the loss of these benefits to women would not be worth the supposed gain to them in equality. [109], On January 7, 2020, a complaint was filed by Equal Means Equal, The Yellow Roses and Katherine Weitbrecht in the United States District Court for the District of Massachusetts against the Archivist of the United States seeking to have him count the three most recently ratifying states and certify the ERA as having become part of the United States Constitution. Special thanks to Perkins Coie for their support in this event in New York City. [179][180], An effort to ratify the ERA in the Virginia General Assembly in 2018 failed to reach the floor of either the House of Delegates or Senate. [34], On March 22, 1972, the ERA was placed before the state legislatures, with a seven-year deadline to acquire ratification by three-fourths (38) of the state legislatures. The commission that she chaired reported (after her death) that no ERA was needed, believing that the Supreme Court could give sex the same "suspect" test as race and national origin, through interpretation of the Fifth and Fourteenth Amendments of the Constitution. If you wish to use copyrighted material from this site for purposes of your own that go beyond fair use, you must obtain permission from the copyright owner. Steinem blamed the insurance industry and said Schlafly "did not change one vote. There was no doubt when Congress proposed the ERA in 1972 that its ratification deadline, placed in the resolutions proposing clause, was binding.REF The fact that Congress not only imposed the deadline, but acted to extend it before that deadline passed, shows that Congress considered it valid. The Texas Equal Rights Amendment was distinct from the federal ERA. As this Legal Memorandum will explain, advocates who claim that the 1972 ERA can still be ratified make four errors. Does it matter how the Equal Rights Amendment is worded? Recall differs from rescission in that rescinding annuls an action whereas recalling retracts or revokes the previous action. Peterson publicly opposed the Equal Rights Amendment based on her belief that it would weaken protective labor legislation. [124] Virginia withdrew from the lawsuit in February 2022. Senator Ted Kennedy (D-Massachusetts) championed it in the Senate from the 99th Congress through the 110th Congress. The relevant consensus is not about a generalized problem, but about the proposed constitutional amendment as a solution. [74], The action on the part of South Dakota lawmakersoccurring 21 days prior to originally agreed-upon deadline of March 22, 1979could be viewed as slightly different from a rescission. By The Editorial Board. [43], The national commission spurred the establishment of state and local commissions on the status of women and arranged for follow-up conferences in the years to come. If passed, legal rights would no longer be determined by gender. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. However, the "Madison Amendment" was not associated with a ratification deadline, whereas the proposing clause of the ERA did include a deadline. [194] On March 22, 2012, the 40th anniversary of the ERA's congressional approval, Senator Benjamin L. Cardin (D-Maryland) introduced (S.J. On March 22, 1972, the Senate passed the Equal Rights Amendment to the United States Constitution, which proposed banning discrimination based on sex. Discussion about whether to place a ratification deadline instead in the joint resolutions proposing clause began in 1932, when the House considered what would become the 20th Amendment.REF One reason suggested for the change was to avoid unnecessary cluttering up of the Constitution.REF. In order to be added to the Constitution, it needed approval by legislatures in three-fourths (38) of the 50 states. Successful bills included one prohibiting sex-based discrimination in processing loan and credit applications and another disallowing husbands from abandoning and selling homesteads without their wives' consent. The Court stated: "We think that, in accordance with this historic precedent, the question of the efficacy of ratifications by state legislatures, in the light of previous rejection or attempted withdrawal, should be regarded as a political question pertaining to the political departments, with the ultimate authority in the Congress in the exercise of its control over the promulgation of the adoption of the amendment. While, as noted above, these have been introduced in nearly every Congress since 1923, their frequency has declined significantly since the ERAs extended ratification deadline passed in June 1982. However, Gus Mutscher, the new speaker of the House, refused to let it out of committee. To sneak it into the Constitution through this illegal process would undermine the very basis for our constitutional order. Has your state ratified the ERA? The 115th Congress lasted from January 3, 2017, to January 3, 2019. Since formulation of the "three-state strategy" for ratification in 1994, ERA bills have been introduced in subsequent years in one or more legislative sessions in ten of the unratified states (Arizona, Arkansas, Florida, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, Utah, and Virginia). [198], On January 30, 2019, Representative Jackie Speier (D-California) introduced legislation (H.J.Res. In 1959, they had it introduced in the Texas Senate and House as the Texas Equal Legal Rights Amendment. Signup today for our free newsletter, Especially Texan. Rather, it ignores the distinction between when a ratification deadline is in the future and when it has already passed. Its supporters claim that it would eliminate legal inequalities between men and women in divorce . In the United States, the fight for a federal Equal Rights Amendment has been a century in the making. The Texas ERA passed on Nov. 7, 1972, with 2,156,536 votes in favor, 548,422 votes against. Between 1974 and 1977, only five states approved the ERA, and advocates became worried about the approaching March 22, 1979, deadline. When some senators responded to her testimony with amusement, she determined to involve the B&PW in campaigning for a constitutional amendment to ensure that women gained the legal rights Texas men had, rather than seeking changes in individual laws. After. The Archivist then certifies a proclamation, published in the Federal Register, that the amendment is part of the Constitution.REF The Archivists certification is based on facial legal sufficiency rather than substantive determinations as to the validity of State ratification actions.REF The certification serves as official notice to the Congress and to the Nation that the amendment process has been completed.REF, The plain language of Article V gives Congress authority to propose amendments and specify their mode of ratification. "We're proud that two years ago today Virginia became the 38 th and final state needed to ratify the ERA, meeting the requirement to enshrine equal rights in our Constitution," said the Senators. The joint resolution passed in the House and continued on to the Senate, which voted for the ERA with an added clause that women would be exempt from the military. [136] Key feminists of the time, such as Gloria Steinem, spoke out in favor of the ERA, arguing that ERA opposition was based on gender myths that overemphasized difference and ignored evidence of unequal treatment between men and women. The Supreme Court declared these controversies moot based on the memorandum of the appellant Gerald P. Carmen, the then-Administrator of General Services, that the ERA had not received the required number of ratifications (38) and so "the Amendment has failed of adoption no matter what the resolution of the legal issues presented here. It remains an unresolved legal question as to whether a state can revoke its ratification of a federal constitutional amendment. [45] In 1967, at the urging of Alice Paul, NOW endorsed the Equal Rights Amendment. In 1978, before the original ratification deadline passed, Congress adopted a resolution extending the deadline to June 30, 1982, but no additional states ratified it. In her address, she claimed that sex discrimination had become widespread and that the ERA would remedy it. Narrowly written, it limits the equal rights conferred to "entering or pursuing a business, profession, vocation, or employment". In the 2010s, due in part to fourth-wave feminism and the Me Too movement, there was a renewed interest in adoption of the ERA. Senior Legal Fellow, Center for Legal and Judicial Studies. A total of 56 joint resolutions for proposing the ERA introduced between the 92nd and 102nd Congresses included a ratification deadline. This had the effect of formally proposing the amendment to the states for ratification.REF. For women's rights advocates, the ERA was the next logical step following the successful campaign to win access to the ballot through the adoption of the 19th Amendment. Rodric B. Schoen, "The Texas ERA after the First Decade: Judicial Developments, 19781982," Houston Law Review 20 (October 1983). The U.S. Senate had passed the Equal Rights Amendment to the Constitution on March 22 of that year, but the required majority of states failed to ratify it by the 1982 deadline. Texas State Historical Association (TSHA) [153] The most prominent opponent of the ERA was Schlafly. As the seven-year time limit for ratification approached in 1979, Congress and President Jimmy Carter controversially extended the deadline three years. The length of time between a constitutional amendments proposal by Congress and ratification by the states, therefore, is relevant only when a ratification deadline has not been fixed in advance., The Supreme Courts decisions in Dillon and Coleman, therefore, do not address the central issue raised by the current campaign to ratify the 1972 ERA. By 1979, 35 states had done sobut then ratifications stalled. Instead, it was usually blocked in committee; except in 1946, when it was defeated in the Senate by a vote of 38 to 35not receiving the required two-thirds supermajority. Fair Park is now a National Historic Landmark. The first proposed language read: Two years later, at the partys 1923 convention, NWP president Alice Paul proposed a simpler version of the ERA, which was introduced in Congress in December of that year:REF. [195], On February 24, 2013, the New Mexico House of Representatives adopted House Memorial No. [59] On July 9, 1978, NOW and other organizations hosted a national march in Washington, D.C., which garnered over 100,000 supporters, and was followed by a Lobby Day on July 10. Three-fourths of the states needed to then agree to ratify it as a constitutional amendment, but it failed by a margin of three. It has, for example, imposed a ratification deadline for seven of the amendments that today are part of the Constitution and for the District of Columbia Voting Rights Amendment. It's Only Been 96 Years", "The Equal Rights Amendment: 111th Congress", "Bill Summary & Status 113th Congress (20132014) H.J. This leads to their claim that Congress was free to conclude that the Madison Amendment had been validly ratified and that after ratification by the thirty-eighth state, Congress may also conclude that the ERA has been validly ratified.REF This argument has several flaws. The creation of a third steppromulgation by Congresshas no foundation in the text of the Constitution.REF Similarly, Professor Grover Rees writes that this theory is no more defensible than to find a third house of Congress hidden cleverly in the interstices of the constitutional language vesting all legislative power in a House and a Senate.REF, Similarly, the OLC concluded that a proposed amendment becomes part of the Constitution when proposed by the requisite majorities of both house of Congress, and has been ratified by the legislatures of three-fourths of the States.REF The OLC opinion rejected the proposition that Congressmay determine whether an amendment has been constitutionally adopted. The caucus stated that the Texas legislature had eliminated or was preparing to change most sex-specific language in Texas statutes, but that many state agency regulations had not yet been reviewed. The Equal Rights Amendment was passed by Congress on March 22, 1972 and sent to the states for ratification. Even if Florida had ratified the ERA, the proposed amendment would still have fallen short of the required 38. However, experts and advocates have acknowledged legal uncertainty about the consequences of the Virginian ratification, due to expired deadlines and five states' revocations. "Congress must act now to remove the . [181][182][183] In 2019, a Senate committee voted to advance the ERA to the floor. 208. In other words, if states may ignore the deadline and ratify the 1972 ERA today, they should also be able to ignore the rest of the proposing clause and do so by a convention rather than by the legislature. They had it introduced in the mid-to-late afternoon in Washington, D.C., when it was midday. Short of the states needed to then agree to ratify it as a constitutional,. 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