Congress designates the necessary method of state ratification for every constitutional amendment it proposes. [46], In February 1970, NOW picketed the United States Senate, a subcommittee of which was holding hearings on a constitutional amendment to lower the voting age to 18. This entry belongs to the following Handbook Special Projects: We are a community-supported, non-profit organization and we humbly ask for your support because the careful and accurate recording of our history has never been more important. 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. In order to be added to the Constitution, it needed approval by legislatures in three-fourths (38) of the 50 states. [59] At the same time, the legislatures of five states that had ratified the ERA then adopted legislation purporting to rescind those ratifications. 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. https://www.tshaonline.org/handbook/entries/texas-equal-rights-amendment. Has your state ratified the ERA? [139], Many Republican women supported the ERA including Florence Dwyer, Jill Ruckelshaus, Mary Dent Crisp, Justice Sandra Day O'Connor, First Lady Betty Ford and Senator Margaret Chase Smith. The lieutenant governor of Kentucky, Thelma Stovall, who was acting as governor in the governor's absence, vetoed the rescinding resolution. But conclusion does equal promulgation. [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. Feminists marched, went on hunger strikes, and committed disruptive and aggressive acts to make the. On this Wikipedia the language links are at the top of the page across from the article title. On November 8, 2019, Representative Jackie Speier (D-California) re-introduced the bill as H.J.Res. [21], Since the 1920s, the Equal Rights Amendment has been accompanied by discussion among feminists about the meaning of women's equality. [195], On February 24, 2013, the New Mexico House of Representatives adopted House Memorial No. This is why the CRS was correct to conclude that the 1972 ERA formally died on June 30, 1982.. On January 25, 1982, however, the U.S. Supreme Court stayed the lower court's decision. 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. Special Collections and Archives, Georgia State University. 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. Finally, Congress proposed the 1972 ERA with a seven-year ratification deadline in the joint resolutions proposing clause. 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. The 1st United States Congress sent the suggested amendment to the states for their approval on September 25, 1789. America': Jill Ruckelshaus and Schlafly's evangelical allies", "Let's honor justices Ginsburg and O'Connor by passing the ERA", "Coalition and Control: Hoosier Feminists and the Equal Rights Amendment", "Statement by Senator Strom Thurmond (D-SC) on Equal Rights Amendment for Women, 1958 February 8", "Plan to omit rights amendment from platform brings objections", "Gloria Steinem calls out 'Mrs. The bill cleared the Legislature, and Texas voters approved the state ERA in a constitutional amendment election in November 1972. [34] The ERA was strongly opposed by the American Federation of Labor and other labor unions, which feared the amendment would invalidate protective labor legislation for women. 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. . [124] Virginia withdrew from the lawsuit in February 2022. West Virginia ratified the amendment in April 1972, the same year that Congress sent it to the states. This is the basis for the CRS conclusion that the ERA formally died on June 30, 1982.. The Texas Legislature ratified the Equal Rights Amendment during a special session on March 30, 1972. 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: "Section 1. 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. Instead, it looks toward a legal system in which each person will be judged on the basis of individual merit and not on the basis of an unalterable trait of birth that bears no necessary relationship to need or ability. After Republicans took over control of both chambers, they did not move to revoke that ratification as a handful of other GOP-led states have. Texas Women's Political Times, Spring 1983. See, "Equal Means Equal v. Ferriero, United States Court of Appeals, for the First Circuit, Case #20-1802, June 29, 2021, National American Woman Suffrage Association, President's Commission on the Status of Women, Grassroots Group of Second Class Citizens, United States District Court for the District of Massachusetts, United States Court of Appeals for the First Circuit, United States District Court for the District of Columbia, United States Court of Appeals for the District of Columbia Circuit, the Church of Jesus Christ of Latter-day Saints, Convention on the Elimination of All Forms of Discrimination Against Women, "English: A newspaper article from 1923 talking about the ERA", "English: Newspaper article from 1921 talking about the ERA", "English: Newspaper article from 1922 talking about the ERA", "Phyllis Schlafly's "Positive" Freedom: Liberty, Liberation, and the Equal Rights Amendment", "New Drive Afoot to Pass Equal Rights Amendment", "Unbelievably, women still don't have equal rights in the Constitution", "Will the #MeToo movement lead to the Equal Rights Amendment? Congress, of course, can conclude anything it wishes, including whether a proposed constitutional amendment has been properly ratified. On September 25, 1921, the National Womans Party (NWP) announced its plan to seek ratification of an amendment to the U.S. Constitution guaranteeing equal rights for women and men. [60] The 1879 Constitution of California contains the earliest state equal rights provision on record. "[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. The purported extension of ERA's ratification deadline was vigorously contested in 1978 as scholars were divided as to whether Congress actually has authority to revise a previously agreed-to deadline for the states to act upon a constitutional amendment. 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. A new campaign aims to make sure it happens", Virginia Senate panel passes Equal Rights Amendment, "The Equal Rights Amendment May Pass Now. The ERA is properly before the states for ratification, several scholars wrote in 1997, in light of the recent ratification of the Madison Amendment.REF This effort became known as the three-state strategy because, ERA advocates claimed at the time, ratification by three more states would add the 1972 ERA to the Constitution. For that same reason, however, the district courts analysis remains uncontradicted and available for consideration and persuasion. By 1977, the legislatures of 35 states had approved the amendment. 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. Section 107 related to Copyright and Fair Use for Non-Profit educational institutions, which permits the Texas State Historical Association (TSHA), to utilize copyrighted materials to further scholarship, education, and inform the public. The Equal Rights Amendment was conceptually simple; it would grant Congress the ability to enforce legal equality between men and women via an amendment to the constitution. The association assumed that passage of the new Family Code, which included these and related proposals, would prevent the need for a constitutional amendment. In June 1966, at the Third National Conference on the Status of Women in Washington, D.C., Betty Friedan and a group of activists frustrated with the lack of government action in enforcing Title VII of the Civil Rights Act formed the National Organization for Women (NOW) to act as an "NAACP for women", demanding full equality for American women and men. [38] When Kennedy was elected, he made Esther Peterson the highest-ranking woman in his administration as an assistant secretary of labor. 3, Getting to the National Archives in Washington, DC. Res. Members of Congress, for example, introduced 277 joint resolutions during the 91st Congress (19691970) before the ERA was sent to the states; 10 during the 93rd through the 97th Congresses, while the proposed ERA was pending before the states; and 44 in the 37 years since the ERAs extended ratification deadline expired. The number of states ratifying it declined rapidly, from 30 in the first two years to only five in the next four years. Between 1995 and 2016, ERA ratification bills were released from committee in some states and were passed by one but not both houses of the legislature in two of them. For example, a jazz funeral for the ERA was held in New Orleans in July 1982. 1, introduced by Senator Ben Cardin, was co-sponsored by all members of the Senate Democratic Caucus and Republicans Lisa Murkowski and Susan Collins. If it is not, however, the 1972 ERA cannot be ratified because it no longer exists. 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 1893, the fair featured a woman's congress of over 300 women. 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. Cities | The amendment to the Texas constitution granting women and men equal legal rights resulted from a fifteen-year campaign spearheaded by the Texas Federation of Business and Professional Women. 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. The committee approved the ERA, but with several amendments on various subjects. ." Click here to contact us for media inquiries, and please donate here to support our continued expansion. However, experts and advocates have acknowledged legal uncertainty about the consequences of the Virginian ratification, due to expired deadlines and five states' revocations. As the seven-year time limit for ratification approached in 1979, Congress and President Jimmy Carter controversially extended the deadline three years. [203] The House passed the resolution by a 222204 vote on March 17, 2021. On June 21, 2009, the National Organization for Women decided to support both efforts to obtain additional state ratifications for the 1972 ERA and any strategy to submit a fresh-start ERA to the states for ratification.[171]. The text of the proposed amendment read: Section 1. WHEREAS, the Equal Rights Amendment (ERA) was first passed by Congress in 1972 and was sent to the states for ratification; and. [178], Illinois state lawmakers ratified the ERA on May 30, 2018, with a 7245 vote in the Illinois House following a 4312 vote in the Illinois Senate in April 2018. Ballotpedia features 393,618 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. 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. As outlined above, however, Coleman explicitly acknowledged this distinction. 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. Senators and Representatives not only to introduce legislation in both houses of Congress to remove the ratification deadline, but also in gaining legislative sponsors. The joint resolution proposing the 21st Amendment, which would repeal the 18th, opens this way: Resolvedthat the following article is hereby proposed as an amendment to the Constitution of the United States, which shall be validwhen ratified by conventions in three-fourths of the several States.. Save big when you register early. Protest and opposition for the Equal Rights Amendment raged between 1972 and 1982. The Hawaii Senate and House of Representatives voted their approval shortly after noon Hawaii Standard Time.[57][58]. They felt that ERA was designed for middle-class women, but that working-class women needed government protection. 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. [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. 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. 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. First proposed by the. Narrowly written, it limits the equal rights conferred to "entering or pursuing a business, profession, vocation, or employment". 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. *Five states have voted to rescind or otherwise withdraw their ratification of the ERA. [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. They argued that the amendment would guarantee the possibility that women would be subject to conscription and be required to have military combat roles in future wars if it were passed. [72], On February 11, 2022, the West Virginia Senate passed a resolution rescinding West Virginia's ratification of the ERA but this resolution has not yet been adopted by the West Virginia House. The amendment reads: 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. It remains an unresolved legal question as to whether a state can revoke its ratification of a federal constitutional amendment. 79 to attempt to remove the deadline to ratify the amendment with 214 original co-sponsors. We'll send you a couple of emails per month, filled with fascinating history facts that you can share with your friends. [201] The House passed H.J. 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. [133], The National Organization for Women (NOW) and ERAmerica, a coalition of almost 80 organizations, led the pro-ERA efforts. NOW disrupted the hearings and demanded a hearing on the Equal Rights Amendment and won a meeting with senators to discuss the ERA. During this period, the House Judiciary Committee was chaired by Representative Emmanuel Celler (DNY), a close ally of organized labor, who blocked the ERAs consideration until the 91st Congress.REF Representative Martha Griffiths (DMI) introduced House Joint Resolution 264 in January 1969 and, after it, too, was blocked in the Judiciary Committee, filed a discharge petition on June 11, 1970. "[108] On March 2, 2020, Federal District Court Judge L. Scott Coogler entered an order regarding the Joint Stipulation and Plaintiff's Voluntary Dismissal, granting the dismissal without prejudice. The measure provided that equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin. States can continue to ratify the Equal Rights Amendment (ERA) that Congress proposed in 1972 only if it is still pending before the states. [41][42] The Supreme Court did not provide the "suspect" class test for sex, however, resulting in a continuing lack of equal rights. [49], On August 10, 1970, Michigan Democrat Martha Griffiths successfully brought the Equal Rights Amendment to the House floor, after 15 years of the joint resolution having languished in the House Judiciary Committee. [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 state ERA was passed first in the Senate, then in the House. Letter to House Judiciary Committee, June 14, 1978. Because thirty-eight states failed to ratify the amendment by March 31, 1979 the South Dakota Legislature rescinded its ratification of the ERA. If passed, legal rights would no longer be determined by gender. 17, 117th Congress, 1st Session", "House passes joint resolution to remove ERA deadline", "S.J.Res.1 - A joint resolution removing the deadline for the ratification of the equal rights amendment", "VoteERA.org Equal Rights Amendment Women's Full Equality", "Equal Rights Amendment now official in the Delaware State Constitution | The Latest from WDEL News", "Does the U.S. Constitution Need an Equal Rights Amendment? In July 1982, after the 1972 ERAs extended ratification deadline had passed, the Acting Solicitor General prepared a memorandum for the Administrator of General Services explaining why this legal challenge should be dismissedand later asked the Supreme Court to do so. 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. Although the Senate approved an unamended version on March 22, 1972, attempts at ratification of the amendment in the state of Utah repeatedly failed. [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. 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. [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. [194] On March 22, 2012, the 40th anniversary of the ERA's congressional approval, Senator Benjamin L. Cardin (D-Maryland) introduced (S.J. 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. ERA bills have also been introduced in the legislatures of Arizona, Florida, North Carolina, Utah, and Virginia. With the rise of the women's movement in the United States during the 1960s, the ERA garnered increasing support, and, after being reintroduced by Representative Martha Griffiths in 1971, it was approved by the U.S. House of Representatives on October 12, 1971, and by the U.S. Senate on March 22, 1972, thus submitting the ERA to the state legislatures for ratification, as provided by Article V of the U.S. Constitution. Most Northern Democrats, who aligned themselves with the anti-ERA labor unions, opposed the amendment. The 91st Congress, however, ended before the joint resolution could progress any further. It failed in those states because both houses of a state's legislature must approve, during the same session, in order for that state to be deemed to have ratified. [20], As a result, in the 1940s, ERA opponents proposed an alternative, which provided that "no distinctions on the basis of sex shall be made except such as are reasonably justified by differences in physical structure, biological differences, or social function." , As of 2022, the Twenty-seventh amendment. A majority of states ratified the proposed constitutional amendment within a year. If they have, congratulations! [1] [2] Election results The Court agreed after consideration of the memorandum for the Administrator of General Services.REF In that memo, the Acting Solicitor General noted that because the 1972 ERAs ratification deadline had passed with fewer than two-thirds of the states ratifying, the Amendment has failed of adoption.REF, The Idaho v. Freeman case, therefore, is instructive in two respects. Because no additional state legislatures ratified the ERA between March 22, 1979, and June 30, 1982, the validity of that disputed extension was rendered academic. In 1983, the Texas Women's Political Caucus reported that the Legislative Council had evaluated and revised Texas laws concerning human resources, natural resources, penal procedures, probate and tax policies, and some aspects of family relations to meet federal and state requirements, including the Texas ERA. The Congressional Research Service then issued a report on the "three state strategy" on April 8, 2013, entitled "The Proposed Equal Rights Amendment: Contemporary Ratification Issues",[174] stating that the approach was viable. Texas remains one of only 26 states to have passed its own ERA. Texas Woman's Christian Temperance Union. [34][56] President Richard Nixon immediately endorsed the ERA's approval upon its passage by the 92nd Congress. A joint resolution is pending at the proposal stage during the Congress in which the joint resolution is introduced. The possibility of additional states ratifying the 1972 ERA depends on the validity of its ratification deadline. The petition had the necessary 218 signatures within just nine days, and the House approved the ERA by a vote of 33476 on August 10, 1970. 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. [175][10][176], On March 22, 2017, the Nevada Legislature became the first state in 40 years to ratify the ERA. [155] Public opinion in key states shifted against the ERA as its opponents, operating on the local and state levels, won over the public. As this Legal Memorandum will explain, advocates who claim that the 1972 ERA can still be ratified make four errors. The current strategy to ratify the 1972 ERA rests entirely on this distinction. During 1972, a total of 22 state legislatures ratified the amendment and eight more joined in early 1973. Please contact your state legislators and urge them to support the Equal Rights Amendment, and bring it to the floor for a vote. The Texas ERA passed on Nov. 7, 1972, with 2,156,536 votes in favor, 548,422 votes against. They do so because, in Dillon, the Supreme Court said that a proposed constitutional amendment should be ratified within a sufficiently contemporaneous period. Advocates began developing this strategy after the Madison Amendments 1992 ratification. [190], The 113th Congress had a record number of women. 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". [173] In 2013, ERA Action began to gain traction with this strategy through their coordination with U.S. When that deadline passes without ratification by three-fourths of the states, the proposed amendment expires and is no longer pending. They also feared that the ERA would undercut the male-dominated labor unions that were a core component of the New Deal coalition. In the following decades, women marched, protested, lobbied, and even went to jail. Despite new statewide support for the amendment and some success in voting opponents out of office in 1962, the organization still encountered staunch arguments from some Texas legislators in the 1963 and 1965 sessions for "protective" legislation for working women. [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. 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. When that deadline passes without ratification by three-fourths of the ERA formally died on June 30,,. 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