Supporters of the Equal Rights Amendment (ERA) thought that its chances of being added to the U.S. Constitution ended in 1982. But thanks to a vote in the Virginia legislature and the U.S. Congress, their hopes are being kept alive.
This week the House of Representatives voted to remove the deadline on ratification initially imposed in the 1970s. Congress passed the ERA in 1972 and sent it to states for ratification. The original resolution required that the necessary number of states (38, or three-fourths of the states) must act within 7 years or the amendment would die. Not enough states ratified the amendment within that time, so Congress extended the deadline to 1982. Even with this extended deadline, the ERA still failed to meet the necessary number of states for ratification.
During the time between 1972 and 1982, 35 states ratified the ERA. However, as controversy grew over the amendment, 5 states rescinded their ratification. Since 2017, 3 states have ratified the ERA. Among these 3 are Virginia, which just this year ratified the ERA. This means that the ERA has met the threshold in the Constitution for ratification, as long as the states who rescinded ratification are not included.
The ratification deadline is an obstacle to this amendment being added to the Constitution, however. The Trump Administration says that the deadline is enforceable, so the ERA is not part of the Constitution. Some legal scholars disagree, however. The House vote is an attempt to clear up the controversy. The view of its sponsors is if Congress imposed the deadline, Congress can remove it.
The ERA states:
Section 1: Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.
Section 2: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
Section 3: This amendment shall take effect two years after the date of ratification.
Although there is a bipartisan resolution to remove the ERA’s ratification deadline in the Senate, Majority Leader Mitch McConnell is unlikely to bring it to the full Senate for a vote.
Do you think the ERA’s ratification deadline should be removed?