, As of 2022, the Twenty-seventh amendment. [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. In the meantime, the ERA ratification movement continued with the resolution being introduced in 10 state legislatures. Please contact your state legislators and urge them to support the Equal Rights Amendment, and bring it to the floor for a vote. Barron, Keller (2022). Contemporary efforts to make the ERA part of the Constitution fall into two categories. For example, a jazz funeral for the ERA was held in New Orleans in July 1982. U.S. President | [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? RES. [151], At the 1980 Republican National Convention, the Republican Party platform was amended to end its support for the ERA. 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. 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. This is the basis for the CRS conclusion that the ERA formally died on June 30, 1982.. 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. Since Congress has taken no action to change the 1972 ERAs ratification deadline, the only way to do so is by ignoring that deadline altogether. It took longer for the states to ratify this amendment than any other in history. However, Gus Mutscher, the new speaker of the House, refused to let it out of committee. Advocates began developing this strategy after the Madison Amendments 1992 ratification. Counties | Groups on both sides of the issue mobilized to lobby the states for and against passage. . However, no additional states ratified. The Hawaii Senate and House of Representatives voted their approval shortly after noon Hawaii Standard Time.[57][58]. The 1972 ERA, therefore, can no longer be ratified because it no longer exists. The first four rescinded before the original March 22, 1979 ratification deadline, while the South Dakota legislature did so by voting to sunset its ratification as of that original deadline. [112][113] Subsequently, the Supreme Court denied the request to intervene before the First Circuit gives its decision. "A Forgotten ERA: West Virginia Senate approves resolution to rescind Equal Rights Amendment ratification", "Buried Alive: The Reboot of the Equal Rights Amendment", "ArtV.1.2 Proposing a Constitutional Amendment", District of Columbia Voting Rights Amendment, "Women say they'll end fast but not rights fight", "Newcomb College ERA Jazz Funeral, 1982 | Tulane University Digital Library", "State of Idaho v. Freeman | 529 F.Supp. [124] Virginia withdrew from the lawsuit in February 2022. 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. [1] The first version of an ERA was written by Alice Paul and Crystal Eastman and introduced in Congress in December 1923.[2][3][4]. Narrowly written, it limits the equal rights conferred to "entering or pursuing a business, profession, vocation, or employment". 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. [119] On March 10, 2020, the Plaintiff States (Virginia, Illinois and Nevada) filed a memorandum in opposition to the five states seeking to intervene. On March 5, 2013, the ERA was reintroduced by Senator Menendez as S.J. On January 25, 1982, however, the U.S. Supreme Court stayed the lower court's decision. [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. Federal courts | The measure provided that equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin. [6] Women who supported traditional gender roles started to oppose the ERA. 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. As of April 30, 2019, the resolution had 188 co-sponsors, including Republicans Tom Reed of New York and Brian Fitzpatrick of Pennsylvania. 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". [198], On January 30, 2019, Representative Jackie Speier (D-California) introduced legislation (H.J.Res. Save big when you register early. [190], The 113th Congress had a record number of women. [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. A joint resolution is pending at the proposal stage during the Congress in which the joint resolution is introduced. 3, Getting to the National Archives in Washington, DC. Ratification resolutions have also been defeated in Arizona, Arkansas,[85] and Mississippi.[86][87][88]. They also state that the ratifications ERA previously received remain in force and that rescissions of prior ratifications are not valid. 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. [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. 39)which is worded with slight differences from Representative Baldwin's (H.J. 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. No evidence exists that any member of either Congress or any state legislature questioned whether placement in the proposing clause affected a ratification deadlines validity in any way. The joint stipulation incorporated the Department of Justice's Office of Legal Counsel's opinion; stated that the Archivist would not certify the adoption of the Equal Rights Amendment and stated that if the Department of Justice ever concludes that the 1972 ERA Resolution is still pending and that the Archivist therefore has authority to certify the ERA's adoption the Archivist will make no certification concerning ratification of the ERA until at least 45 days following the announcement of the Department of Justice's conclusion, absent a court order compelling him to do so sooner. [19], In 1943, Alice Paul further revised the amendment to reflect the wording of the Fifteenth and Nineteenth Amendments. The lieutenant governor of Kentucky, Thelma Stovall, who was acting as governor in the governor's absence, vetoed the rescinding resolution. Illinois, which in 1972 helped block the Equal Rights Amendment, has a chance to correct that mistake. In 2014, under the auspices of ERA Action and their coalition partners, both the Virginia and Illinois state senates voted to ratify the ERA. 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. On June 4, the U.S. Senate passed the "Susan B. Anthony" amendment, which stipulated that if three-fourths of the states ratified the amendment, women would have the vote . Could the Equal Rights Amendment still be ratified today? [48], In Washington, D.C., protesters presented a sympathetic Senate leadership with a petition for the Equal Rights Amendment at the U.S. Capitol. Congress approved the Equal Rights Amendment in 1972. The resolution must be adopted by a vote of at least two-thirds of the membership of each house of the legislature. This play gets her life's work right", "The History Behind the Equal Rights Amendment", "Wanna Save Roe v. Wade? On August 10, 1970, she gave a speech on the ERA called "For the Equal Rights Amendment" in Washington, D.C. The amendment was finally ratified in the election of November 7, 1972, with 80 percent of voters in favor. The issue is whether the 1972 ERA remains pending before the states. In 1974, Texas attorney general John Hill cited the Texas ERA when he struck down laws restricting the hours women could work, except in instances where they consented to such restrictions, since this benefit was denied male employees. This strategy, along with new women legislators' assistance, paid off. [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. Between 1974 and 1977, only five states approved the ERA, and advocates became worried about the approaching March 22, 1979, deadline. First, Representative Robert Andrews (DNJ) began in 1994 to introduce resolutions that would require the House to take any legislative action necessary to verify the ratification of the Equal Rights Amendment when the legislatures of an additional three States ratify it.REF, Second, Members of Congress began introducing joint resolutions to repeal the ratification deadline in the 1972 ERA. 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. In 1924, The Forum hosted a debate between Doris Stevens and Alice Hamilton concerning the two perspectives on the proposed amendment. Alabama Attorney General Steve Marshall stated, "The people had seven years to consider the ERA, and they rejected it. ", "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. The current strategy to ratify the 1972 ERA rests entirely on this distinction. | All 56 joint resolutions for proposing the ERA that include a ratification deadline place it in the proposing clause. Frances "Sissy" Tarlton Farenthold and Barbara Jordan between 1968 and 1972. 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. As this Legal Memorandum will explain, advocates who claim that the 1972 ERA can still be ratified make four errors. Fair Park is now a National Historic Landmark. By the fall of 1977, 35 states had ratified the ERA and, by the March 1979 deadline, five of those states had passed resolutions rescinding their ratifications.REF On October 26, 1977, Representative Elizabeth Holtzman (DNY) introduced House Joint Resolution 638 to extend the deadline until June 30, 1982. [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. This amendment was sometimes known as the Susan B. Anthony Amendment and became the 19th Amendment. Texas remains one of only 26 states to have passed its own ERA. A proposed amendment is pending before the states until it is ratified by three-fourths of the states or expires if fewer than that number ratify it by any deadline that Congress has imposed. Your California Privacy Rights / Privacy Policy. 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. 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. At its 1957 convention, the Texas federation accepted Tobolowsky's offer to document the need for the amendment and pledged to fund efforts for its passage. "[104], South Dakota Attorney General Jason Ravnsborg stated in a press release:[105]. [111] On August 21, 2020, the plaintiffs appealed this decision to the United States Court of Appeals for the First Circuit and on September 2, 2020, the plaintiffs asked the Supreme Court to hear this case. Peterson publicly opposed the Equal Rights Amendment based on her belief that it would weaken protective labor legislation. 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. Lt. Does it matter how the Equal Rights Amendment is worded? However, she never went so far as to endorse the ERA. How to run for office | Steinem blamed the insurance industry and said Schlafly "did not change one vote. 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]. 31 Aug 2010, modified 9 June 2019, Texas State Historical Association. The sponsors have included multiple Members of Congress from all 50 states, 53 percent of them Democrats and 47 percent Republicans. That was the last time that the ERA received a floor vote in either house of Congress. It is designated as a National Historic Landmark. Res. Three-fourths of the states needed to then agree to ratify it as a constitutional amendment, but it failed by a margin of three. [188], In 1983, the ERA passed through House committees with the same text as in 1972; however, it failed by six votes to achieve the necessary two-thirds vote on the House floor. It would be a disservice to the citizens of South Dakota to ignore this obligation of my office. Revivification opponents caution ERA supporters against an overly broad interpretation of Coleman v. Miller, which, they argue, may have been be [sic] a politically influenced decision.[172]. [92][93][94] The closest that the ERA came to gaining an additional ratification between the original deadline of March 22, 1979, and the revised June 30, 1982, expiration date was when it was approved by the Florida House of Representatives on June 21, 1982. 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. 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. That strategy does not involve Congress adjusting, amending, or extending that ratification deadline, but urges states to ignore it altogether. Although the amendment was introduced during every congressional session from 1923 until 1970, it almost never made it to a vote. [193] The resolution had 56 cosponsors. In her address, she claimed that sex discrimination had become widespread and that the ERA would remedy it. As such, these decisions provide no support for ratifying an amendment after its ratification deadline has passed.REF. The ELRA gained passage in the Senate, but House members voted it down by a slim margin. Efforts to alter sex-based inequities in insurance regulations and wages continued at a slow pace during the economic recession of the 1990s. 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. As laid out in Article 17 of the Texas Constitution, in order for a proposed constitutional amendment to be placed on the ballot, the Texas State Legislature must propose the amendment in a joint resolution of both the Texas State Senate and the Texas House of Representatives. The measure provided that equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin. 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. They also feared that the ERA would undercut the male-dominated labor unions that were a core component of the New Deal coalition. 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. They do so because, in Dillon, the Supreme Court said that a proposed constitutional amendment should be ratified within a sufficiently contemporaneous period. They felt that ERA was designed for middle-class women, but that working-class women needed government protection. If ERA advocates are correct that it is, then additional states may ratify it. [24] Their debate reflected the wider tension in the developing feminist movement of the early 20th century between two approaches toward gender equality. By the 1870s, women pressured Congress to vote on an amendment that would recognize their suffrage rights. They argue, for example, that the length of time since the 1972 ERAs proposal does not, by itself, render it invalid. Support in the states that had not ratified fell below 50%. The Equal Rights Amendment was passed by Congress on March 22, 1972 and sent to the states for ratification. For example, a question of equality before the law; we are interested in the Equal Rights Amendment." And they incorrectly posit that Congress has complete, plenary authority over the entire constitutional amendment process. When the 115th Congress adjourned, however, bills introduced but not enacted expired. [141][142][143] Support from Republican men included President Dwight D. Eisenhower, President Richard Nixon, Senator Richard Lugar and Senator Strom Thurmond. 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. [16], Paul named this version the Lucretia Mott Amendment, after a female abolitionist who fought for women's rights and attended the First Women's Rights Convention. One approach emphasized the common humanity of women and men, while the other stressed women's unique experiences and how they were different from men, seeking recognition for specific needs. 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. Fair Park is an important place in the story of ratification. [140], By 1976, 60% of African-American women and 63% of African-American men were in favor of the ERA, and the legislation was supported by organizations such as the NAACP, National Council of Negro Women, Coalition of Black Trade Unionists, National Association of Negro Business, and the National Black Feminist Organization. They ignore the crucial distinction between proposed constitutional amendments that include a ratification deadline and those that do not. By 1977, the legislatures of 35 states had approved the amendment. Thirty-eight states are required to ratify an amendment to the Constitution, but Congress required states to approve the amendment within seven years meaning that despite Virginias approval, the amendment could face legal challenges. When Congress also imposes a ratification deadline, it appears in the same location as the designation. [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 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. On January 6, 2020, the Department of Justice Office of Legal Counsel official Steven Engel issued an opinion in response to the lawsuit by Alabama, Louisiana, and South Dakota, stating that "We conclude that Congress had the constitutional authority to impose a deadline on the ratification of the ERA and, because that deadline has expired, the ERA Resolution is no longer pending before the States. | [39] Peterson referred to the National Woman's Party members, most of them veteran suffragists and preferred the "specific bills for specific ills" approach to equal rights. 47). 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. Elections in 2023 | 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. A brief history of ratification in the states. [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]. If it is not, however, the 1972 ERA cannot be ratified because it no longer exists. [110] On August 6, 2020, Judge Denise Casper granted the Archivist's motion to dismiss, ruling that the plaintiffs did not have standing to sue to compel the Archivist to certify and so she could not rule on the merits of the case. State and local courts | [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. 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. If they have, congratulations! 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. [73], Among those rejecting Congress's claim to even hold authority to extend a previously established ratification deadline, the South Dakota Legislature adopted Senate Joint Resolution No. The seven-month struggle in California resulted in a vote for ratification and motivated several years of legislative activity on women's issues. Such, these decisions provide no support for ratifying an amendment that would recognize their suffrage.! An important place in the same location as the designation alter sex-based inequities in regulations. It in the states needed to then agree to ratify the 1972 ERA remains pending before the states had. Of prior ratifications are not valid is pending at the proposal stage during the Congress which. Of prior ratifications are not valid continued with the resolution being introduced 10. In insurance regulations and wages continued at a slow pace during the economic recession the! 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