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. [148] It was suggested that single-sex bathrooms would be eliminated and same-sex couples would be able to get married if the amendment were passed. She also claimed that laws to protect women in the workforce from unsafe working conditions would be needed by men, too, and thus the ERA would help all people. The bill in the U. S. House of Representatives is: H. J. RES 17, The bill in the U.S. Senate is S. J. Res 1. The E.R.A. In California, the 1972 campaign to ratify the Equal Rights Amendment (ERA) to the U.S. Constitution pitted amendment supporters against labor leaders trying to protect women-only protective labor laws. Article V of the U.S. Constitution provides for two methods of proposing amendments. As the Congressional Research Service has concluded, the 1972 ERA formally died when its ratification deadline passed on June 30, 1982. The 14th Amendment to the U.S. Constitution, ratified in 1868, granted citizenship to all persons born or naturalized in the United Statesincluding former enslaved peopleand guaranteed all citizens "equal protection of the laws." It passed the House on Oct. 12, 1971 and the Senate on March 22, 1972. [114][115] On June 29, 2021, the First Circuit affirmed the District Court's decision that "the plaintiffs have not met their burden at the pleading stage with respect to those federal constitutional requirements, we affirm the order dismissing their suit for lack of standing. ", "Equal Rights Amendment: State Provisions", "Indiana Ratifies the ERA With Rosalynn Carter's Aid", "Nevada ratifies Equal Rights Amendment decades past deadline", "Illinois House approves Equal Rights Amendment", "Authentication and Proclamation: Proposing a Constitutional Amendment", "South Dakota and the Equal Rights Amendment". The Texas Legislature ratified the Equal Rights Amendment during a special session on March 30, 1972. State executives | For example, the official tally of ratifying states for the 14thAmendment in 1868 by both the Secretary of State and Congress included New Jersey and Ohio, states which had passed resolutions to rescind their ratifications. [21], Since the 1920s, the Equal Rights Amendment has been accompanied by discussion among feminists about the meaning of women's equality. In the early 1960s, Eleanor Roosevelt announced that, due to unionization, she believed the ERA was no longer a threat to women as it once may have been and told supporters that, as far as she was concerned, they could have the amendment if they wanted it. 20), North Dakota (March 19, 2021: Senate Concurrent Resolution No. States may still ratify the 1972 ERA only if it remains pending before the states. [35], At the Democratic National Convention in 1960, a proposal to endorse the ERA was rejected after it was opposed by groups including the American Civil Liberties Union[36] (ACLU), the AFLCIO, labor unions such as the American Federation of Teachers, Americans for Democratic Action (ADA), the American Nurses Association, the Women's Division of the Methodist Church, and the National Councils of Jewish, Catholic, and Negro Women. Neither the House nor the Senate has voted on a resolution to propose the ERA in more than three decades. The seven-year ratification deadline appeared in the text of the amendment itself and, when that deadline passed with only 16 ratifying states, the amendment expired. Similarly, neither House nor Senate debates on the twenty-third, twenty-fourth, twenty-fifth, or twenty-sixth amendments observed the fact that the seven-year limitation had shifted to the resolving clause.REF Congress saw no significance whatsoever in the location of a ratification deadline. On December 23, 1981, the U.S. District Court for the District of Idaho agreed on both issuesREF and the defendant, the Administrator of General Services, appealed to the Supreme Court. The possibility of additional states ratifying the 1972 ERA depends on the validity of its ratification deadline. The commission, composed largely of anti-ERA feminists with ties to labor, proposed remedies to the widespread sex discrimination it unearthed. "[106] The OLC argued in part that Congress had the authority to impose a deadline for the ERA and that it did not have the authority to retroactively extend the deadline once it had expired. [19], In 1943, Alice Paul further revised the amendment to reflect the wording of the Fifteenth and Nineteenth Amendments. [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. And while the House of Representatives voted 35224 on the joint resolution proposing the 1972 ERA, the vote on an identical joint resolution in January 1983 was 278147less than the two-thirds threshold required by Article V. ERA advocates ignore the distinction between proposed constitutional amendments, like the Madison Amendment, that lack a ratification deadline, and those, like the 1972 ERA, that have such a deadline. 4010 to retroactively clarify that North Dakota's 1975 ratification of the ERA was valid only through "11:59 p.m. on March 22, 1979" and went on to proclaim that North Dakota "should not be counted by Congress, the Archivist of the United States, lawmakers in any other state, any court of law, or any other person, as still having on record a live ratification of the proposed Equal Rights Amendment to the Constitution of the United States as was offered by House Joint Resolution No. In 1969, newly elected representative Shirley Chisholm of New York gave her famous speech "Equal Rights for Women" on the floor of the U.S. House of Representatives. Equal Rights Amendment passed by Congress On March 22, 1972, the Equal Rights Amendment is passed by the U.S. Senate and sent to the states for ratification. Rather than establish that a ratification deadline in the joint resolutions proposing clause is invalid, ERA advocates make arguments that are relevant, if at all, only to proposed constitutional amendments that have no ratification deadline. However, most recently, ERA Action has both led and brought renewed vigor to the movement by instituting what has become known as the "three-state strategy". That was the last time that the ERA received a floor vote in either house of Congress. A public park in downtown Dallas, Fair Park was established in 1886. 208, which was adopted by the House on October 12, 1971, with a vote of 354 yeas (For), 24 nays (Against) and 51 not voting. For example, a jazz funeral for the ERA was held in New Orleans in July 1982. Like its general authority to impose a ratification deadline, Congress has long believed that it may place such a deadline in either the resolutions proposing clause or the amendments text. The measure provided that equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin. . 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. 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. Therefore, it is most likely that the actions of the five states Idaho, Kentucky, Nebraska, South Dakota, and Tennessee that voted to rescind their ratification of the ERA between 1972 and 1982 are a legal nullity. On March 22, 2017, 45 years to the day after Congress passed the ERA, Nevada became the 36th state to ratify it. As of January 2020, the bill had 224 co-sponsors. [78], A resolution was introduced in the Minnesota Senate on January 11, 2021, whichif adoptedwould retroactively clarify that Minnesota's 1973 ratification of the ERA expired as of the originally-designated March 22, 1979, deadline.[79]. In 1923, at Seneca Falls, New York, she revised the proposed amendment to read: Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction. Thomas Jipping is Deputy Director and Senior Legal Fellow in the Edwin Meese III Center for Legal and Judicial Studies, of the Institute for Constitutional Government, at The Heritage Foundation. Thomas is a senior legal fellow for the Edwin Meese III Center for Legal and Judicial Studies. The amendment was finally ratified in the election of November 7, 1972, with 80 percent of voters in favor. See Virginia Attorney General Opinion Letter, supra, at 4. Lt. Senior Legal Fellow, Center for Legal and Judicial Studies. Section 2. 10), Kentucky (March 17, 1978: House [Joint] Resolution No. Article V of the Constitution of the United States of America. 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. The South Dakota Legislature ratified the ERA in 1973, but in 1979 passed Senate Joint Resolution 2 which required the ERA be ratified in the original time limit set by Congress or be rescinded. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. [194] On March 22, 2012, the 40th anniversary of the ERA's congressional approval, Senator Benjamin L. Cardin (D-Maryland) introduced (S.J. The resolution was referred to Senate Committee on the Judiciary, where a vote on it was never brought. All rights reserved. Some are comprehensive provisions of state constitutions that guarantee . Addressing the validity of the 1972 ERAs ratification deadline begins by determining whether Congress has authority to set any ratification deadline when it proposes a constitutional amendment.REF Congress has long believed that it does. [6] Many labor feminists also opposed the ERA on the basis that it would eliminate protections for women in labor law, though over time more and more unions and labor feminist leaders turned toward supporting it. While the Court addressed only whether courts could adjudicate this narrow issue, ERA advocates attempt to turn it into a plenary power of Congress over the entire constitutional amendment process.REF, ERA advocates incorrectly claim that the Court in Coleman held generally that Congressdetermines whether the amendment has been ratified in a reasonable period of time.REF In fact, the Court distinguished between proposed amendments that, like the 18th Amendment at issue in Dillon, have a ratification deadline and those, like the Child Labor Amendment at issue in Coleman, that do not.REF The Court expressly limited its conclusion to proposed amendments for which the limit has not been fixed in advance.REF By fixing that limit in advance, as it did for the 1972 ERA, Congress has already made its determination about a reasonable ratification period. Eleanor Roosevelt and most New Dealers also opposed the ERA. 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. Senator Ted Kennedy (D-Massachusetts) championed it in the Senate from the 99th Congress through the 110th Congress. The Equal Rights Amendment has been a perennial topic in Congress since 1923, but not . 47). Narrowly written, it limits the equal rights conferred to "entering or pursuing a business, profession, vocation, or employment". Many ERA supporters mourned the failure of the amendment. Though opponents were marginally more in favor of the ERA with the Hayden rider, supporters of the original ERA believed it negated the amendment's original purposecausing the amendment not to be passed in the House. The commission did, though, help win passage of the Equal Pay Act of 1963, which banned sex discrimination in wages in a number of professions (it would later be amended in the early 1970s to include the professions that it initially excluded) and secured an executive order from Kennedy eliminating sex discrimination in the civil service. Four of the six unratified amendments remain pending before the states because they were proposed without a ratification deadline. *Five states have voted to rescind or otherwise withdraw their ratification of the ERA. First, ERA advocates falsely assert that Congress promulgated the Madison Amendment after assessing whether the amendment had lost its vitality through lapse of time.REF Michigan became the 38th state to ratify the Madison Amendment on May 7, 1992.REF On May 18, 1992, pursuant to statute,REF the Archivist certified that the Madison Amendment has become valid, to all intents and purposes, as a part of the Constitution of the United States.REF, Thereafter, the House and Senate passed resolutions recognizing the Amendment.REF House Concurrent Resolution 320, for example, declared that the Madison Amendment has been ratified by a sufficient number of the States and has become a part of the Constitution.REF Two Senate resolutionsREF declared that the Madison Amendment has become valid, to all intents and purposes, as a part of the Constitution. On their face, these resolutions recognize or memorialize what had already occurred. This is why the CRS was correct to conclude that the 1972 ERA formally died on June 30, 1982.. All precedents concerning state rescissions of ratifications indicate that such actions are not valid and that the constitutional amendment process as described in Article V allows only for ratification. If, indeed, a state legislature has the ability to rescind, then the ERA actually had ratifications by only 30 statesnot 35when March 22, 1979, arrived. Recall differs from rescission in that rescinding annuls an action whereas recalling retracts or revokes the previous action. Congress can propose an amendment by a two-thirds vote of the Senate and House of Representatives or, on the Application of the Legislatures of two thirds of the several States, Congress can call a Convention for proposing Amendments.REF In either case, an amendment does not become part of the Constitution until it is ratified by the Legislatures ofor by Conventions in three-fourths of the states.REF, Constitutional amendments proposed by Congress begin as joint resolutions introduced in either the Senate or House of Representatives.REF Each joint resolution proposing a constitutional amendment has two parts, a proposing clause and the text of the amendment being proposed. [198], On January 30, 2019, Representative Jackie Speier (D-California) introduced legislation (H.J.Res. NOW disrupted the hearings and demanded a hearing on the Equal Rights Amendment and won a meeting with senators to discuss the ERA. Just like a joint resolution for proposing a constitutional amendment no longer exists when the Congress in which it is introduced adjourns, a proposed constitutional amendment no longer exists when its ratification deadline passes. The text of the measure can be read here. Download the official NPS app before your next visit, Sources used to make these state pages include: Ida Husted Harper's. They do so because, in Dillon, the Supreme Court said that a proposed constitutional amendment should be ratified within a sufficiently contemporaneous period. Learn more about the history of the Equal Rights Amendment here. ", "2009 National NOW Conference Resolutions: Equal Rights Amendment", "The Equal Rights Amendment: Why the ERA Remains Legally Viable And Properly Before the States", "As women march in D.C., Cardin co-sponsors new Equal Rights Amendment", "Let's Ratify the ERA: A Look at Where We Are Now", "The ERA's Revival: Illinois Ratifies Equal Rights Amendment", "Illinois Senate approves federal Equal Rights Amendment, more than 35 years after the deadline", "Virginia could be the last state needed to ratify the Equal Rights Amendment. Groups as varied as the Ladies Auxiliary of the Veterans of Foreign Wars and the American Association of University Women endorsed ratification. Senator Cardin was joined by seventeen other senators who cosponsored the Senate Joint Resolution. Similarly, in Coleman v. Miller,REF the Court discussed whether a proposed amendment had been ratified within a reasonable period of time.REF Neither of these decisions treatment of this issue is relevant to the 1972 ERA. [34][56] President Richard Nixon immediately endorsed the ERA's approval upon its passage by the 92nd Congress. 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. Congress has no role in determining when a proposed amendment has been ratified, and the states cannot ratify an amendment after its deadline has passed. If states may ignore a ratification deadline that is not part of the amendment and is not ratified by the States, then they may similarly ignore Congress designation of how they must ratify a proposed amendment when it appears in that location. Proponents assert it would end legal distinctions between men and women in matters of divorce, property, employment, and other matters. It was quickly rejected by both pro and anti-ERA coalitions. Three-fourths of the states needed to then agree to ratify it as a constitutional amendment, but it failed by a margin of three. The Equal Rights Amendment was passed by Congress on March 22, 1972 and sent to the states for ratification. [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. [138], Many African-American women have supported the ERA. The ERA can become part of the Constitution only if it is again proposed and is ratified by three-fourths of the states while it is properly pending. These provisions were broadly written to ensure political and civil equality between women and men. However, the 92nd Congress did not incorporate any time limit into the body of the actual text of the proposed amendment, as had been done with a number of other proposed amendments.[89]. [135] On June 6, 1982, NOW sponsored marches in states that had not passed the ERA including Florida, Illinois, North Carolina, and Oklahoma. More importantly, the B&PW hired a lobbyist, a friend of Mutscher, for the 1971 legislative session, particularly to guide the amendment through the Texas House. [203] The House passed the resolution by a 222204 vote on March 17, 2021. [18] The proposal was seconded by Dr. Frances Dickinson, a cousin of Susan B. Can a state legally rescind their ratification of the Equal Rights Amendment? In the early history of the Equal Rights Amendment, middle-class women were largely supportive, while those speaking for the working class were often opposed, pointing out that employed women needed special protections regarding working conditions and employment hours. Steinem blamed the insurance industry and said Schlafly "did not change one vote. 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. [107], On February 27, 2020, the States of Alabama, Louisiana and South Dakota entered into a joint stipulation and voluntary dismissal with the Archivist of the United States. "[104], South Dakota Attorney General Jason Ravnsborg stated in a press release:[105]. The Hawaii Senate and House of Representatives voted their approval shortly after noon Hawaii Standard Time.[57][58]. Equal Rights Amendment. 56", "As Constitution is read aloud, Maloney, Menendez, Nadler, Moore cite need for Equal Rights Amendment", "S.J.Res.10 A joint resolution proposing an amendment to the Constitution of the United States relative to equal rights for men and women, 113th Congress (20132014)", "U.S. Rep. Baldwin: Seeks to speed ratification of Equal Rights Amendment", "H.J.Res.47 Removing the deadline for the ratification of the equal rights amendment", "All Bill Information (Except Text) for S.J.Res.39 A joint resolution removing the deadline for the ratification of the equal rights amendment", "H.J.Res.38 116th Congress (20192020): Removing the deadline for the ratification of the equal rights amendment", "Equal Rights Amendment | Committee Repository | U.S. House of Representatives", "Justice Department says Equal Rights Amendment deadline has passed, fight continues", "House passes bill paving way for ERA ratification", "2021 Could be the Year Women Get Full Constitutional Rights", "Roll Call 82, Bill Number: H. J. Res. This fictional distinction has no legal or logical basis.REF Third, they posit that if Congress has authority to change a ratification deadline in a proposed constitutional amendment before that deadline passes, it can do so long afterward.REF Two scholars offered this answer: If the first [deadline] extension was like adding an extra quarter to benefit the losing team in a football game, allowing ratification efforts to resumeafter ERAs apparent defeat is like authorizing the losing team to continue a game after the winning team has left the stadium.REF Fourth, ERA advocates incorrectly claim that Congress has plenary authority over the entire constitutional amendment process, when Congress actual authority is limited to proposing amendments and designating their method of state ratification. Whether Congress has authority to amend a ratification deadline it has imposed, however, has nothing to do with whether states may ignore that deadline and continue ratifying the amendment long after it has passed. On June 18, 1980, a resolution in the Illinois House of Representatives resulted in a vote of 10271 in favor, but Illinois' internal parliamentary rules required a three-fifths majority on constitutional amendments and so the measure failed by five votes. They also state that the ratifications ERA previously received remain in force and that rescissions of prior ratifications are not valid. This document is being featured in conjunction with the National Archives National Conversation on Womens Rights and Gender Equality. Ballotpedia features 393,618 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. The Texas B&PW campaigned before the ratification election in November 1972. [161], Many ERA supporters blamed their defeat on special interest forces, especially the insurance industry and conservative organizations, suggesting that they had funded an opposition that subverted the democratic process and the will of the pro-ERA majority. Elections in 2023 | The TSHA makes every effort to conform to the principles of fair use and to comply with copyright law. 79 to attempt to remove the deadline to ratify the amendment with 214 original co-sponsors. [153] The most prominent opponent of the ERA was Schlafly. This play gets her life's work right", "The History Behind the Equal Rights Amendment", "Wanna Save Roe v. Wade? The Equal Rights Amendment, passed by Congress in 1972, received the approval of Texas that same year. The Equal Rights Amendment (ERA) was proposed to be the Twenty-seventh Amendment to the U.S. Constitution when it was passed by Congress on March 22, 1972 and then forwarded to states for ratification. The 91st Congress, however, ended before the joint resolution could progress any further. The next year, the introduction of the federal equal rights amendment in Congress gave the state measure greater credibility. was sent to the states for. Because thirty-eight states failed to ratify the amendment by March 31, 1979 the South Dakota Legislature rescinded its ratification of the ERA. At the beginning of the 117th Congress, a joint resolution (H.J.Res. When it was created the 14th Amendment to the Constitution ensured rights for? On this Wikipedia the language links are at the top of the page across from the article title. [130] While at a discussion at Georgetown University in February 2020, Ginsburg noted the challenge that "if you count a latecomer on the plus side, how can you disregard states that said 'we've changed our minds? The ERA was first proposed by Alice Paul in 1923 and underwent numerous revisions and additions before its Congressional passage in 1972. But conclusion does equal promulgation. ", "Nevada Ratifies The Equal Rights Amendment 35 Years After The Deadline", "Congressional Record September 12, 2018", "BREAKING: The House of Delegates just passed HJ1, my resolution to have Virginia be the 38th and final state to ratify the Equal Rights Amendment", Virginia becomes 38th state to ratify Equal Rights Amendment but it may be too late, "Virginia Approves the E.R.A., Becoming the 38th State to Back It", "Proposed Amendment to the Constitution of the United States", "WOMAN'S PARTY ALL READY FOR EQUALITY FIGHT; Removal Of All National and State Discriminations Is Aim. "[154] When Schlafly began her campaign in 1972, public polls showed support for the amendment was widely popular and thirty states had ratified the amendment by 1973. Alice Paul, the head of the National Women's Party, believed that the Nineteenth Amendment would not be enough to ensure that men and women were treated equally regardless of sex. In 1972, Idaho was among the first wave of states to ratify the ERA, approving it overwhelmingly. For these reasons, the U.S. Department of Justices Office of Legal Counsel (OLC) concluded that Dillons discussionwas merely a dictum.REF, While the Courts comment in Dillon about ratification being sufficiently contemporaneous is irrelevant because, as dictum, it is not legal binding precedent, Colemans treatment of this issue is irrelevant for a different reason. [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. While advocates attempt to draw a close parallel between the Madison Amendment and the 1972 ERA, the most obvious difference between them is the most relevant. 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. Between 1974 and 1977, only five states approved the ERA, and advocates became worried about the approaching March 22, 1979, deadline. State-Level Equal Rights Amendments. When the 98th Congress convened on January 3, 1983, Representative Peter Rodino (DNJ) introduced the ERA as House Joint Resolution 1, which failed later that year when the 278147 House vote fell short of the two-thirds required to send it to the states. Phyllis Schlafly was a key player in the defeat. After some western states enfranchised women in the late nineteenth and early twentieth centuries, the National American Woman Suffrage Association (NAWSA) formed a Southern Committee with the purpose of expanding suffrage activism in the south. RES. Professor Walter Dellinger, for example, writes that Article V requires no additional action by Congress or by anyone else after ratification by the final state. On February 8, 2016, the American Bar Associations House of Delegates adopted Resolution 10B, submitted by the New Jersey State Bar, generally supporting ratification of the ERA. First, the Madison Amendments ratification suggests that amendments, such as the ERA, which do not contain a textual time limit, remain valid for state ratification indefinitely.REF This is because time limits in a proposing clause are irrelevantREF or inconsequential.REF Second, Congress has the power to determine the timeliness of the ERA after final state ratificationand can extend, revise or ignore a time limit.REF Third, all previous ratifications of the 1972 ERA remain in effect, and ratification rescissions are invalid.REF As with the Madison Amendment, which remained open for ratification for 203 years, they concluded in 1997, the ERA, after only twenty-five years, remains open for final state ratification.REF. 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