It was quickly rejected by both pro and anti-ERA coalitions. 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. [160], The John Birch Society and its members organized opposition to the ERA in multiple states. If the CRS is correct that it is not, then additional states cannot ratify it because the 1972 ERA no longer exists. When the Texas Legislature met in 1969, the proposed Texas Equal Rights Amendment received ready support in the Senate. Click here to contact our editorial staff, and click here to report an error. Eisenhower had publicly promised to "assure women everywhere in our land equality of rights," and in 1958, Eisenhower asked a joint session of Congress to pass the Equal Rights Amendment, the first president to show such a level of support for the amendment. Four of the six unratified amendments remain pending before the states because they were proposed without a ratification deadline. [201] The House passed H.J. Advocates began developing this strategy after the Madison Amendments 1992 ratification. The commission was chaired by Eleanor Roosevelt, who opposed the ERA but no longer spoke against it publicly. This leads to their claim that Congress was free to conclude that the Madison Amendment had been validly ratified and that after ratification by the thirty-eighth state, Congress may also conclude that the ERA has been validly ratified.REF This argument has several flaws. [48], In Washington, D.C., protesters presented a sympathetic Senate leadership with a petition for the Equal Rights Amendment at the U.S. Capitol. The text of the proposed amendment said: "Equality of rights under law shall not be denied or abridged by the United States or by any state on account of sex." A second provision said Congress. Texas Woman's Christian Temperance Union. As such, these decisions provide no support for ratifying an amendment after its ratification deadline has passed.REF. 208 of the 92nd Congress on March 22, 1972."[77] The resolution was formally received by the U.S. Senate on April 20, 2021, was designated as "POM-10", was referred to the Senate's Judiciary Committee, and its full and complete verbatim text was published at page S2066 of the Congressional Record. The need for a contemporaneous consensus, however, might actually undermine the case for ratifying the 1972 ERA. [186], The amendment has been reintroduced in every session of Congress since 1982. Legislation could be introduced and amended at any time during this period. 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. [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. Second, these advocates create an artificial distinction between ratification deadlines that appear in the amendments text and those that appear in the joint resolutions proposing clause. Fair Park is an important place in the story of ratification. "[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. NOW disrupted the hearings and demanded a hearing on the Equal Rights Amendment and won a meeting with senators to discuss the ERA. And they incorrectly posit that Congress has complete, plenary authority over the entire constitutional amendment process. When Congress also imposes a ratification deadline, it appears in the same location as the designation. Congress, of course, can conclude anything it wishes, including whether a proposed constitutional amendment has been properly ratified. [19], In 1943, Alice Paul further revised the amendment to reflect the wording of the Fifteenth and Nineteenth Amendments. 638 be transmitted to then-President Jimmy Carter for signature as a safety precaution. [137] A more militant feminist group, Grassroots Group of Second Class Citizens, organized a series of non-violent direct action tactics in support of the ERA in Illinois in 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 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. [45] In 1967, at the urging of Alice Paul, NOW endorsed the Equal Rights Amendment. 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. The Equal Rights Amendment was written by Alice Paul (1885-1977), the founder of the National Woman's Party.. Born to a New Jersey family of Quakers who highly valued education, Paul studied at colleges and universities in the U.S. and the United Kingdom and earned an impressive number of degrees, including a Master's and doctorate in sociology from the University of Pennsylvania, a law . [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. 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. Pro-ERA legislators prevented the anti-ERA resolution from being introduced. 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. These provisions were broadly written to ensure political and civil equality between women and men. 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". The 1972 Equal Rights Amendment Can No Longer Be RatifiedBecause It No Longer Exists, Second Amendment Libertys Most Essential Safeguard 200 Years Later, President Bidens Questionable Authority To Forgive Student Debt. Special Collections and Archives, Georgia State University. Alabama Attorney General Steve Marshall stated, "The people had seven years to consider the ERA, and they rejected it. In 2014, under the auspices of ERA Action and their coalition partners, both the Virginia and Illinois state senates voted to ratify the ERA. "Congress must act now to remove the . W075_029, Feminist Postcard Collection, Archives for Research on Women and Gender. A majority of state constitutions have gender equality provisions. 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. But conclusion does equal promulgation. 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. Published by the Texas State Historical Association. Defense of traditional gender roles proved to be a useful tactic. . [50], Griffiths reintroduced the ERA, and achieved success on Capitol Hill with her H.J.Res. https://www.tshaonline.org, https://www.tshaonline.org/handbook/entries/texas-equal-rights-amendment. First, ERA advocates fail to distinguish between constitutional amendments, like the Madison Amendment, proposed without a ratification deadline and those, like the 1972 ERA, proposed with such a deadline. 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." [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. 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. Advocates assert that the 1972 ERA is within one state of becoming part of the Constitution by counting as valid the ratification by Nevada in 2017 and by Illinois in 2018. 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. Handbook of Texas Online, Judie Gammage, Quest for Equality: An Historical Overview of Women's Rights Activism in Texas, 18901975 (Ph.D. dissertation, North Texas State University, 1982). In 1972, Idaho was among the first wave of states to ratify the ERA, approving it overwhelmingly. [153] The most prominent opponent of the ERA was Schlafly. 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. West Virginia ratified the amendment in April 1972, the same year that Congress sent it to the states. The assertion that the 1972 ERA can still be ratified today is based on four errors. [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. This strategy, along with new women legislators' assistance, paid off. As the seven-year time limit for ratification approached in 1979, Congress and President Jimmy Carter controversially extended the deadline three years. 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.. 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. 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. 9), Tennessee (April 23, 1974: Senate Joint Resolution No. School districts | 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. ERA advocates also assert that Congress has authority to amend or change a ratification deadline that appears in the proposing clause. In the United States, the fight for a federal Equal Rights Amendment has been a century in the making. [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. However, Gus Mutscher, the new speaker of the House, refused to let it out of committee. If it is not, however, the 1972 ERA cannot be. 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. Rather, it ignores the distinction between when a ratification deadline is in the future and when it has already passed. [25] The opposition to the ERA was led by Mary Anderson and the Women's Bureau beginning in 1923. Chicago . [199] The subcommittee heard testimony on the amendment and extension of the deadline on April 30, 2019.[200]. As of April 30, 2019, the resolution had 188 co-sponsors, including Republicans Tom Reed of New York and Brian Fitzpatrick of Pennsylvania. 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. [173] In 2013, ERA Action began to gain traction with this strategy through their coordination with U.S. Every dollar helps. It's Only Been 96 Years", "The Equal Rights Amendment: 111th Congress", "Bill Summary & Status 113th Congress (20132014) H.J. The sponsors have included multiple Members of Congress from all 50 states, 53 percent of them Democrats and 47 percent Republicans. Senator Ben Cardin (DMD), for example, has introduced joint resolutions stating that the ERA proposed in 1972 shall be valid to all intents and purposes as part of the Constitution whenever ratified by the legislatures of three-fourths of the several States.REF, Third, ERA advocates directly urge additional states to ratify the 1972 ERA, pointing to a 1997 article that, they say, presents the legal analysis for this strategy.REF This article asserts three propositions. 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. 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. 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. [22] Alice Paul and her National Woman's Party asserted that women should be on equal terms with men in all regards, even if that means sacrificing benefits given to women through protective legislation, such as shorter work hours and no night work or heavy lifting. Letter to House Judiciary Committee, June 14, 1978. Recall differs from rescission in that rescinding annuls an action whereas recalling retracts or revokes the previous action. That distinction, however, is both constitutional and consequential. By the next legislative session the B&PW had coordinated a campaign of national media interviews, speaking engagements in Texas, and coalitions with influential women's groups. Discussion about whether to place a ratification deadline instead in the joint resolutions proposing clause began in 1932, when the House considered what would become the 20th Amendment.REF One reason suggested for the change was to avoid unnecessary cluttering up of the Constitution.REF. The ERA was first proposed by Alice Paul in 1923 and underwent numerous revisions and additions before its Congressional passage in 1972. 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. 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]. In 1957, the B&PW sent attorney Hermine D. Tobolowsky of Dallas to a Texas Senate committee hearing to testify for a bill authorizing married women to control property separately from their husbands. 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. [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. The seven-month struggle in California resulted in a vote for ratification and motivated several years of legislative activity on women's issues. [149] Schlafly said passage of the amendment would threaten Social Security benefits for housewives. "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.". . 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. Please contact your state legislators and urge them to support the Equal Rights Amendment, and bring it to the floor for a vote. Several affiliate suffrage groups organized in Texas over the years but many had trouble maintaining membership. [59] At the same time, the legislatures of five states that had ratified the ERA then adopted legislation purporting to rescind those ratifications. [6] Opponents also argued that men and women were already equal enough with the passage of the Equal Pay Act of 1963 and the Civil Rights Act of 1964,[150] and that women's colleges would have to admit men. [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. By May 1919, Hobby recommended that the Texas Constitution be amended to offer full voting rights to women, but the amendment was defeated by a majority of 25,000 votes. In the meantime, the ERA ratification movement continued with the resolution being introduced in 10 state legislatures. When that deadline passes without ratification by three-fourths of the states, the proposed amendment expires and is no longer pending. Instead, it was usually blocked in committee; except in 1946, when it was defeated in the Senate by a vote of 38 to 35not receiving the required two-thirds supermajority. [37] Presidential candidate John F. Kennedy announced his support of the ERA in an October 21, 1960, letter to the chairman of the National Woman's Party. What else can I do? Since the President has no role in the constitutional amendment process,REF however, a joint resolution proposing an amendment is sent to the Office of the Federal Register (OFR) for publication and transmittal to the governor of each state.REF, States that ratify an amendment send authenticated ratification documents to the OFR which, in turn, notifies the Archivist of the United States when such documents are received from three-fourths of the states. Texas voters endorsed the state equal rights amendment in November 1972. The House voted to remove those amendments and approved the ERA by a vote of 35224 on October 12, 1972.REF The Senate Judiciary Committee reported the unamended language on March 14, 1972, and the full Senate approved it by a vote of 848 on March 22, 1972. [34][56] President Richard Nixon immediately endorsed the ERA's approval upon its passage by the 92nd Congress. ", "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 TSHA makes every effort to conform to the principles of fair use and to comply with copyright law. This document is being featured in conjunction with the National Archives National Conversation on Womens Rights and Gender Equality. They do so because, in Dillon, the Supreme Court said that a proposed constitutional amendment should be ratified within a sufficiently contemporaneous period. It remains an unresolved legal question as to whether a state can revoke its ratification of a federal constitutional amendment. 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. "[158] Legal scholar Joan C. Williams maintained, "ERA was defeated when Schlafly turned it into a war among women over gender roles. Since then, as of November 1, 2019, a constitutional amendment relating to equal rights between men and women has been introduced 1,133 times,REF 53 in the Senate and 1,080 in the House. 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. Senators and Representatives not only to introduce legislation in both houses of Congress to remove the ratification deadline, but also in gaining legislative sponsors. 10. 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