On May 30, 2018, the Illinois House of Representatives followed the state senate in adopting a resolution purporting to ratify the Equal Rights Amendment (ERA) proposed by Congress in 1972.REF Like many other media outlets, U.S. News & World Report reported that Illinois became the 37th state to ratify the Equal Rights Amendmentputting it within a single state of the 38 needed to ratify a constitutional amendment.REF, The Congressional Research Service (CRS) has long had a different view. 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. The Congressional Research Service is correct. Public policy. The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would guarantee equal legal rights for all American citizens, regardless of sex. Chicago . 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. Texas Women's Political Times, Spring 1983. The joint resolution can originate in either the House or the Senate. [138], Many African-American women have supported the ERA. Texas remains one of only 26 states to have passed its own ERA. Advocates began developing this strategy after the Madison Amendments 1992 ratification. 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. National Archives Foundation700 Pennsylvania Avenue, NWWashington, DC 20408-0001202-357-5946, Upcoming Exhibit All American: The Power of Sports, Joint Resolution of March 22, 1972, 86 STAT 1523, Proposing an Amendment to the Constitution of the United States Relative to Equal Rights for Men and Women, 3/22/1972, Emancipation Proclamation & General Order No. [119] On March 10, 2020, the Plaintiff States (Virginia, Illinois and Nevada) filed a memorandum in opposition to the five states seeking to intervene. In the final week before the revised deadline, that ratifying resolution, however, was defeated in the Florida Senate by a vote of 16 to 22. As this Legal Memorandum will explain, advocates who claim that the 1972 ERA can still be ratified make four errors. The text of the measure can be read here. It is difficult to argue that such a consensus lasted even to 1979the 1972 ERAs original ratification deadline. As of April 30, 2019, the resolution had 188 co-sponsors, including Republicans Tom Reed of New York and Brian Fitzpatrick of Pennsylvania. Here is the quandary for ERA advocates. 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. If the CRS is correct that it is not, then additional states cannot ratify it because the 1972 ERA no longer exists. ERA advocates also assert that Congress has authority to amend or change a ratification deadline that appears in the proposing clause. "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex." The assertion that the 1972 ERA can still be ratified today is based on four errors. Some are comprehensive provisions of state constitutions that guarantee . [128] In 1973, future Supreme Court justice Ruth Bader Ginsburg summarized a supporting argument for the ERA in the American Bar Association Journal: The equal rights amendment, in sum, would dedicate the nation to a new view of the rights and responsibilities of men and women. https://www.tshaonline.org, https://www.tshaonline.org/handbook/entries/texas-equal-rights-amendment. ", "July 9, 1978: Feminists Make History With Biggest-Ever March for the Equal Rights Amendment | Feminist Majority Foundation Blog", "Grassroots Group of Second Class Citizens/Women Rising in Resistance: publications about, 1988-1992 | HOLLIS for", "Shirley Anita St. Hill Chisholm, "For the Equal Rights Amendment" (10 August 1970)", "Fact-checking 'Mrs. Thomas is a senior legal fellow for the Edwin Meese III Center for Legal and Judicial Studies. [40], President Kennedy appointed a blue-ribbon commission on women, the President's Commission on the Status of Women, to investigate the problem of sex discrimination in the United States. Illinois, which in 1972 helped block the Equal Rights Amendment, has a chance to correct that mistake. [181][182][183] In 2019, a Senate committee voted to advance the ERA to the floor. The relevant consensus is not about a generalized problem, but about the proposed constitutional amendment as a solution. 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. 638 received less than two-thirds of the vote (a simple majority, not a supermajority) in both the House of Representatives and the Senate; for that reason, ERA supporters deemed it necessary that H.J.Res. 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. [30], In 1950 and 1953, the ERA was passed by the Senate with a provision known as "the Hayden rider", introduced by Arizona senator Carl Hayden. And they incorrectly posit that Congress has complete, plenary authority over the entire constitutional amendment process. The National Conversation on Rights and Justice is presented in part by AT&T, Ford Foundation, Seedlings Foundation, Carnegie Corporation of New York, and the National Archives Foundation. As the Congressional Research Service has concluded, the 1972 ERA formally died when its ratification deadline passed on June 30, 1982. The U.S. Supreme Court ruled in Hollingsworth v. Virginia (1798)[91] that the President of the United States has no formal role in the passing of constitutional amendments. 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 January 15, the Senate voted 2614 to approve the amendment and forward it to the House of Delegates, but it was defeated there in a 5050 tied vote; at the time, the Republican Party held one-seat majorities in both houses. Schlafly's argument that protective laws would be lost resonated with working-class women. Click here to contact our editorial staff, and click here to report an error. Barron, Keller (2022). Meanwhile, state-level equivalents abound. [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. The resolution was referred to Senate Committee on the Judiciary, where a vote on it was never brought. 4010), This page was last edited on 18 January 2023, at 16:12. According to the National Archives, a proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States.REF. The OLC opinion explained why Coleman is not authority for this theory.REF Notably, this issue did not have the support of a majority of justicesREF and none explained the constitutional basis for the assertion that Congress had authority to promulgate an amendment.REF. Fourth, this argument fails again to distinguish between amendments that have no ratification deadline and those that do. It is designated as a National Historic Landmark. Twenty-five states have adopted constitutions or constitutional amendments providing that equal rights under the law shall not be denied because of sex. 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. Hurry, Early Registration for the 2023 Annual Meeting in El Paso ends soon. Article V of the Constitution of the United States of America. Influential news sources such as Time also supported the cause of the protestors. Texas Equal Rights Amendment, It passed the House on Oct. 12, 1971 and the Senate on March 22, 1972. Sherilyn Brandenstein, Defense of traditional gender roles proved to be a useful tactic. 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. [184] After the 2019 elections in Virginia gave the Democratic Party majority control of both houses of the Virginia legislature, the incoming leaders expressed their intent to hold another vote on ratification early in the 2020 legislative session. A few months later, women legislators employed the new amendment in preparing several laws to halt discriminatory practices. During the 1975 legislative session, a statewide coalition of women's organizations returned to lobby the legislature when ERA opposition groups tried to have the Texas ERA rescinded. If it is not, however, the 1972 ERA cannot be. The House report did not note that for the first time Congress had shifted the seven-year limit from the text of the amendment to the resolving clause. [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 OLC opinion stated on this point that if congressional promulgation is requiredthe executive branch would have illegally certified every [constitutional] amendment except the Fourteenth.REF Congress has no authority to determine whether the 1972 ERA can still become part of the Constitution now that its ratification deadline has expired. 29), Idaho (February 8, 1977: House Concurrent Resolution No. 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. However, no additional states ratified. The 1940 Republican Party presidential platform endorsed the ERA, followed by the Democrats four years later.REF Significantly, however, organized labor and many womens organizations opposed the ERA during this period.REF One principal concern was that the ERA might lead to the loss of protective legislation for women, particularly with respect to wages, hours, and working conditions.REF, The ERA first came up for a vote on July 19, 1946, when the Senate voted 3835 on Senate Joint Resolution 61, well short of the two-thirds required by the Constitution. Senator Robert Menendez (D-New Jersey) introduced the amendment symbolically at the end of the 111th Congress and has supported it in the 112th Congress. The commission, composed largely of anti-ERA feminists with ties to labor, proposed remedies to the widespread sex discrimination it unearthed. States were given seven years to ratify, then the deadline was extended to 1982. "[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. If Congress wants to pass an updated version of the ERA, taking into consideration all the changes in the law since 1972, I have no doubt the South Dakota Legislature would debate the merits in a new ratification process. The following, adapted from the Chicago Manual of Style, 15th edition, is the preferred citation for this entry. Even if Congress had authority to determine whether a proposed constitutional amendment pending indefinitely before the states has been ratified, that could not constitute authority to say that a proposed amendment is still pending even after its ratification deadline has passed. In 1972, the Equal Rights Amendment, designed to guarantee protection against sexual discrimination for women under the law, passed both houses of Congress and was sent to the individual states for ratification. The Texas House of Representatives held a hearing on the bill that was attended by hundreds of supporters for and against the recall measure. This had the effect of formally proposing the amendment to the states for ratification.REF. [123] On May 3, 2021, the plaintiff states appealed the ruling to the United States Court of Appeals for the District of Columbia Circuit. In the meantime, the ERA ratification movement continued with the resolution being introduced in 10 state legislatures. When the Texas Legislature met in 1969, the proposed Texas Equal Rights Amendment received ready support in the Senate. [141][142][143] Support from Republican men included President Dwight D. Eisenhower, President Richard Nixon, Senator Richard Lugar and Senator Strom Thurmond. Congress designates the necessary method of state ratification for every constitutional amendment it proposes. Alice Hamilton, in her speech "Protection for Women Workers", said that the ERA would strip working women of the small protections they had achieved, leaving them powerless to further improve their condition in the future, or to attain necessary protections in the present. 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). [124] Virginia withdrew from the lawsuit in February 2022. 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. That August, over 20,000 American women held a nationwide Women's Strike for Equality protest to demand full social, economic, and political equality. 10. [note 1] With wide, bipartisan support (including that of both major political parties, both houses of Congress, and presidents Richard Nixon, Gerald Ford, and Jimmy Carter)[5] the ERA seemed destined for ratification until Phyllis Schlafly mobilized conservative women in opposition. Yes, Texas ratified the Equal Rights Amendment (ERA) on March 30th, 1972. Signup today for our free newsletter, Especially Texan. The amendment reads: If you change your mind, you can easily unsubscribe. The Equal Rights Amendment was first drafted in 1923 by two leaders of the women's suffrage movement, Alice Paul and Crystal Eastman. 47) to remove the congressionally imposed deadline for ratification of the Equal Rights Amendment. 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. The lieutenant governor of Kentucky, Thelma Stovall, who was acting as governor in the governor's absence, vetoed the rescinding resolution. Congress proposed the ERA and sent it to the states on March 22, 1972, with a seven-year ratification deadline. legislatively referred constitutional amendment, https://ballotpedia.org/wiki/index.php?title=Texas_Equal_Rights,_Proposition_7_(1972)&oldid=8530780, Pages using DynamicPageList parser function, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. [196][197] House Memorial No. [151], At the 1980 Republican National Convention, the Republican Party platform was amended to end its support for the ERA. Contemporary efforts to make the ERA part of the Constitution fall into two categories. [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. 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 August 22, 1978, Congress proposed and sent to the states an amendment that would give the District of Columbia the same Senate and House representation that states have. *Five states have voted to rescind or otherwise withdraw their ratification of the ERA. The authors of the 1997 analysis behind the three-state strategy, for example, assert that Congress promulgat[ed] the Madison Amendment in 1992REF and that congressional promulgation of an amendment is not essential for an amendment to become effective.REF Rather, they write, the date of the final state ratification is the determinative point of the amendment process and therefore, subsequent congressional promulgation is a mere formality.REF. West Virginia ratified the amendment in April 1972, the same year that Congress sent it to the states. Every dollar helps. 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. The Madison Amendment was pending indefinitely because it had no ratification deadline, while the 1972 ERA not only had a deadline, but that deadline, even after one extension, passed in June 1982. The first involves continued introduction of fresh-start proposals,REF new joint resolutions for proposing the ERA and sending it to the states. Recall differs from rescission in that rescinding annuls an action whereas recalling retracts or revokes the previous action. [139] One prominent female supporter was New York representative Shirley Chisholm. Peterson publicly opposed the Equal Rights Amendment based on her belief that it would weaken protective labor legislation. The state legislators in battleground states followed public opinion in rejecting the ERA.[156]. The accompanying report described the ratification history and stated that the Supreme Court dismissed the Freeman litigation on the grounds that the ERA was dead for the reasons given by the administrator of general services.REF This echoed CRS earlier conclusion decades earlier that the ERA died on June 30, 1982. In other words, the effort to make the ERA part of the Constitution must begin again with a fresh-start proposal because the 1972 ERA is no longer pending before the states. 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. [164][165] Critchlow and Stachecki say the anti-ERA movement was based on strong backing among Southern whites, Evangelical Christians, members of the Church of Jesus Christ of Latter-day Saints, Orthodox Jews, and Roman Catholics, including both men and women. If ERA advocates are correct that it is, then additional states may ratify it. [153] The most prominent opponent of the ERA was Schlafly. 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. America? If a ratification deadline placed in a joint resolutions proposing clause is valid, the 1972 ERA formally died on June 30, 1982. It would, therefore, no longer be pending before the states and no amendment would exist today for additional states to ratify. In 1893, the fair featured a woman's congress of over 300 women. "[159] Historian Judith Glazer-Raymo asserted: As moderates, we thought we represented the forces of reason and goodwill but failed to take seriously the power of the family values argument and the single-mindedness of Schlafly and her followers. [44], A new women's movement gained ground in the later 1960s as a result of a variety of factors: Betty Friedan's bestseller The Feminine Mystique; the network of women's rights commissions formed by Kennedy's national commission; the frustration over women's social and economic status; and anger over the lack of government and Equal Employment Opportunity Commission enforcement of the Equal Pay Act and Title VII of the Civil Rights Act. Senator Ted Kennedy (D-Massachusetts) championed it in the Senate from the 99th Congress through the 110th Congress. This text became Section 1 of the version passed by Congress in 1972. "[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. Representative Griffiths introduced House Joint Resolution 208 when the 92nd Congress convened and, this time, Judiciary Committee Chairman Celler did not block its consideration. [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. [160], The John Birch Society and its members organized opposition to the ERA in multiple states. In Coleman, the issue was whether the courts had authority to override Congress judgment about whether the time between an amendments proposal and ratification was reasonable. [1] [2] Election results Such after-the-fact recognition does not, as ERA advocates assert, constitute congressional promulgation of the Madison Amendment.REF, Second, [o]n its merits, the notion of congressional promulgation is inconsistent with both the text of Article V of the Constitution and with the bulk of past practice.REF Both liberal and conservative scholars reject this theory. The Hawaii Senate and House of Representatives voted their approval shortly after noon Hawaii Standard Time.[57][58]. The only period when the ERA was not introduced was immediately after Congress proposed and sent it to the states in 1972. [50], Griffiths reintroduced the ERA, and achieved success on Capitol Hill with her H.J.Res. [90] H.J.Res. And, in a historic vote to become the 38th state to ratify, the state of Virginia voted to ratify the Equal Rights Amendment on January 15, 2020. 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. One of those, regarding the number of seats in the House of Representatives, was proposed in 1789 and ratified by 11 states, the last in 1792. As outlined above, however, Coleman explicitly acknowledged this distinction. An amendment to the Constitution should not be done by procedural nuances decades after the deadline prescribed by Congress, but through an open and transparent process where each State knows the ramifications of its actions. 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". We'll send you a couple of emails per month, filled with fascinating history facts that you can share with your friends. The next year, the introduction of the federal equal rights amendment in Congress gave the state measure greater credibility. A majority of states ratified the proposed constitutional amendment within a year. [118] [166], The ERA has long been opposed by anti-abortion groups who believe it would be interpreted to allow legal abortion without limits and taxpayer funding for abortion.[167][168][169]. Rather, it ignores the distinction between when a ratification deadline is in the future and when it has already passed. The number of states ratifying it declined rapidly, from 30 in the first two years to only five in the next four years. [6] Women who supported traditional gender roles started to oppose the ERA. And in 1861, Congress narrowly proposed the so-called Corwin Amendment, which would deny Congress authority to abolish or interfere withthe domestic institutions of any state, including slavery.REF Five states ratified this amendment in the next two years, and two of those states later rescinded their 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. Has your state ratified the ERA? If it is not, however, the 1972 ERA cannot be ratified because it no longer exists. The resolution passed the House of Representatives in 2020, but did not receive a vote in the Senate. The 1980 Republican National Convention, the 1972 ERA can still be make! Schlafly 's argument that protective laws would be lost resonated with working-class women prominent female supporter was new York Shirley! 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West Virginia ratified the amendment reads: if you change your mind, you can easily.! Their ratification of the measure can be read here the Hawaii Senate and of... The Senate on March 22, 1972 the deadline was extended to 1982 ERA part of the version by... April 1972, the same year that Congress sent it to the.. Same year that Congress has complete, plenary authority over the entire amendment... 30Th, 1972, therefore, no longer be pending before the states for ratification.REF gave... 2023, at 16:12 bill that was attended by hundreds of supporters and. Was new York representative Shirley Chisholm of Kentucky, Thelma Stovall, who was acting governor! Deadline is in the next year, the 1972 ERA can still be ratified today is based on four.... At the 1980 Republican National Convention, the 1972 ERA formally died on June 30 1982. This text became Section 1 of the ERA. [ 57 ] [ 182 ] [ ]., has a chance to correct that it is difficult to argue that such a lasted... 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