In the early history of the Equal Rights Amendment, middle-class women were largely supportive, while those speaking for the working class were often opposed, pointing out that employed women needed special protections regarding working conditions and employment hours. On this Wikipedia the language links are at the top of the page across from the article title. [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. [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. [23] Opponents of the amendment, such as the Women's Joint Congressional Committee, believed that the loss of these benefits to women would not be worth the supposed gain to them in equality. Texas Equal Rights Amendment, In five of the six years between 2011 and 2016, the Virginia Senate passed a resolution ratifying the Equal Rights Amendment, but the House of Delegates never released a companion bill from committee for a full vote on the House floor. 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. 10), Kentucky (March 17, 1978: House [Joint] Resolution No. 7 asking that the congressionally imposed deadline for ERA ratification be removed. That year, votes were blocked in both states' House chambers. 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. If ERA advocates are correct that it is, then additional states may ratify it. However, experts and advocates have acknowledged legal uncertainty about the consequences of the Virginian ratification, due to expired deadlines and five states' revocations. Could the Equal Rights Amendment still be ratified today? "[163] Opposition to the amendment was particularly high among religious conservatives, who argued that the amendment would guarantee universal abortion rights and the right for homosexual couples to marry. On August 10, 1970, she gave a speech on the ERA called "For the Equal Rights Amendment" in Washington, D.C. 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? In 1959, they had it introduced in the Texas Senate and House as the Texas Equal Legal Rights Amendment. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. The Supreme Courts general comment in Dillon that a proposed constitutional amendment should not be open to ratification for all timeREF implied that the Constitution itself imposed a ratification deadline. [194] On March 22, 2012, the 40th anniversary of the ERA's congressional approval, Senator Benjamin L. Cardin (D-Maryland) introduced (S.J. 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. The Equal Rights Amendment (ERA) was proposed to be the Twenty-seventh Amendment to the U.S. Constitution when it was passed by Congress on March 22, 1972 and then forwarded to states for ratification. Texas State Historical Association (TSHA) Congress designates the necessary method of state ratification for every constitutional amendment it proposes. ", "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". By 1979, 35 states had done sobut then ratifications stalled. [161], Many ERA supporters blamed their defeat on special interest forces, especially the insurance industry and conservative organizations, suggesting that they had funded an opposition that subverted the democratic process and the will of the pro-ERA majority. 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. 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. [24] Their debate reflected the wider tension in the developing feminist movement of the early 20th century between two approaches toward gender equality. Senior Legal Fellow, Center for Legal and Judicial Studies. "The ERA in South Carolina". 4010 to retroactively clarify that North Dakota's 1975 ratification of the ERA was valid only through "11:59 p.m. on March 22, 1979" and went on to proclaim that North Dakota "should not be counted by Congress, the Archivist of the United States, lawmakers in any other state, any court of law, or any other person, as still having on record a live ratification of the proposed Equal Rights Amendment to the Constitution of the United States as was offered by House Joint Resolution No. It passed the House on Oct. 12, 1971 and the Senate on March 22, 1972. [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. The joint resolution stipulated that South Dakota's 1973 ERA ratification would be "sunsetted" as of the original deadline, March 22, 1979. [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. This suggestion was unusual in Dillon because the 18th Amendment, at issue in that case, had a seven-year ratification deadline.REF The issue in Dillon was whether Congress had authority to include any ratification deadline, not whether the time between proposal and ratification met any particular standard. As of January 2020, the bill had 224 co-sponsors. What else can I do? 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. [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. Congress has no role in determining when a proposed amendment has been ratified, and the states cannot ratify an amendment after its deadline has passed. The OLC opinion stated on this point that if congressional promulgation is requiredthe executive branch would have illegally certified every [constitutional] amendment except the Fourteenth.REF Congress has no authority to determine whether the 1972 ERA can still become part of the Constitution now that its ratification deadline has expired. 208. In 2018, the Republican Party of Texas called on the Legislature to clarify that the ratification of the Equal Rights Amendment was valid only through March 22, 1979. Lawmakers have not taken up the matter. *Five states have voted to rescind or otherwise withdraw their ratification of the ERA. [citation needed] The decision caused some union Democrats and social conservatives to leave the organization and form the Women's Equity Action League (within a few years WEAL also endorsed the ERA), but the move to support the amendment benefited NOW, bolstering its membership. The OLC opinion explained why Coleman is not authority for this theory.REF Notably, this issue did not have the support of a majority of justicesREF and none explained the constitutional basis for the assertion that Congress had authority to promulgate an amendment.REF. [44], A new women's movement gained ground in the later 1960s as a result of a variety of factors: Betty Friedan's bestseller The Feminine Mystique; the network of women's rights commissions formed by Kennedy's national commission; the frustration over women's social and economic status; and anger over the lack of government and Equal Employment Opportunity Commission enforcement of the Equal Pay Act and Title VII of the Civil Rights Act. Illinois should ratify the Equal Rights Amendment. This is the basis for the CRS conclusion that the ERA formally died on June 30, 1982.. The first constitutional amendment with a ratification deadline, the 18th Amendment, proposed in 1917, placed it in the amendments text. 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]. 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". Representative Griffiths introduced House Joint Resolution 208 when the 92nd Congress convened and, this time, Judiciary Committee Chairman Celler did not block its consideration. Eleanor Roosevelt and most New Dealers also opposed the ERA. Virginia became the 38th state to ratify the Equal Rights Amendment on Wednesday, but Texas beat it to the punch nearly 50 years earlier. 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. 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