Posted by 27 September 2018
It may be over 40 years old, but the Equal Rights Amendment (ERA) is a fresh topic in the Virginia Senate race.
During last night’s debate between Sen. Tim Kaine and challenger Corey Stewart, the issue of whether Virginia should ratify the ERA. Stewart said that passage of the ERA would lead to a rash of lawsuits, with men suing to participate in women’s athletic programs. Sen. Kaine said that the amendment was good for women.
The ERA says, “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” Supporters of this measure say that it is necessary to ensure that federal or state laws do not treat men and women differently. They say that, just like previous constitutional amendments prohibited discrimination based on race, this amendment is needed to prevent discrimination based on sex. Opponents of the amendment say that it would lead to government laws being made without regard to natural gender differences.
First submitted to the states for ratification in 1972, the ERA has yet to see enough states ratify it so it becomes part of the Constitution. Congress initially set a deadline of 1979 for the required 38 states to ratify the ERA. When that passed without the necessary number of states doing so, Congress extended the deadline to 1982. Only 35 states ratified the ERA prior to 1982, but 4 states rescinded their ratification. Since 2017, two states have ratified the ERA.
One house of the Virginia legislature ratified the ERA in 2011. A bipartisan group of legislators plans on introducing a ratification resolution next year. If that resolution passes, then 38 states would have ratified the ERA. However, a legal fight would likely follow, since the necessary ratifications occurred after the congressionally-set deadline and four of those states later reversed themselves. The Constitution is silent on whether or not Congress can set a deadline for ratification and whether states can rescind their ratification of amendments.
Do you think that the Equal Rights Amendment should be added to the Constitution?