If a ratification deadline placed in a joint resolutions proposing clause is valid, the 1972 ERA formally died on June 30, 1982. It would, therefore, no longer be pending before the states and no amendment would exist today for additional states to ratify. For example, a jazz funeral for the ERA was held in New Orleans in July 1982. The ERA was first proposed by Alice Paul in 1923 and underwent numerous revisions and additions before its Congressional passage in 1972. Through 1977, the amendment received 35 of the necessary 38 state ratifications. On March 22, 1972, the Senate passed the Equal Rights Amendment to the United States Constitution, which proposed banning discrimination based on sex. [151], At the 1980 Republican National Convention, the Republican Party platform was amended to end its support for the ERA. [31][32][33], ERA supporters were hopeful that the second term of President Dwight Eisenhower would advance their agenda. 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. In Dillon v. Gloss,REF Dillon was arrested for violating the Volstead Act and challenged the 18th Amendment, which imposed Prohibition. 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. [117], On January 30, 2020, the attorneys general of Virginia, Illinois and Nevada filed a lawsuit to require the Archivist of the United States to "carry out his statutory duty of recognizing the complete and final adoption" of the ERA as the Twenty-eighth Amendment to the Constitution. 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. 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". [1] If you change your mind, you can easily unsubscribe. The Equal Rights Amendment that was adopted by Congress declares, "Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex." Immediately after Congress approved the ERA, states began to ratify the amendment. That was the last time that the ERA received a floor vote in either house of Congress. Special thanks to Perkins Coie for their support in this event in New York City. [204][205] The companion bill, S.J.Res. if(document.getElementsByClassName("reference").length==0) if(document.getElementById('Footnotes')!==null) document.getElementById('Footnotes').parentNode.style.display = 'none'; What's on my ballot? W075_029, Feminist Postcard Collection, Archives for Research on Women and Gender. After the disputed June 30, 1982, extended deadline had come and gone, the Supreme Court, at the beginning of its new term, on October 4, 1982, in the separate case of NOW v. Idaho, 459 U.S. 809 (1982), vacated the federal district court decision in Idaho v. Freeman,[97] which, in addition to declaring March 22, 1979, as ERA's expiration date, had upheld the validity of state rescissions. State executives | 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. Hurry, Early Registration for the 2023 Annual Meeting in El Paso ends soon. Article V of the Constitution of the United States of America. On March 5, 2013, the ERA was reintroduced by Senator Menendez as S.J. 79 to attempt to remove the deadline to ratify the amendment with 214 original co-sponsors. 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. Supporters of the ERA point to the lack of a specific guarantee in the Constitution for equal rights protections on the basis of sex. [72], On February 11, 2022, the West Virginia Senate passed a resolution rescinding West Virginia's ratification of the ERA but this resolution has not yet been adopted by the West Virginia House. [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. 208 took place in the mid-to-late afternoon in Washington, D.C., when it was still midday in Hawaii. 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. 3, Getting to the National Archives in Washington, DC. The only period when the ERA was not introduced was immediately after Congress proposed and sent it to the states in 1972. The text of the proposed amendment read: Section 1. ", "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. [189], At the start of the 112th Congress on January 6, 2011, Senator Menendez, along with representatives Maloney, Jerrold Nadler (D-New York) and Gwen Moore (D-Wisconsin), held a press conference advocating for the Equal Rights Amendment's adoption. As such, these decisions provide no support for ratifying an amendment after its ratification deadline has passed.REF. Thomas is a senior legal fellow for the Edwin Meese III Center for Legal and Judicial Studies. [26] The debate also drew from struggles between working class and professional women. 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. They create a baseless distinction between ratification deadlines that appear in an amendments text and in a joint resolutions proposing clause. 208 (Proposed Amendment to the Constitution of the United States)", "Equal Rights Amendment Is Approved by Congress", "Which States Ratified the ERA and When Did They Ratify? For example, a question of equality before the law; we are interested in the Equal Rights Amendment." In the meantime, the ERA ratification movement continued with the resolution being introduced in 10 state legislatures. The joint resolution passed in the House and continued on to the Senate, which voted for the ERA with an added clause that women would be exempt from the military. You can contact your representatives in the U. S. Congress to urge them to sign on as co-sponsors of vital legislation to remove the time limit placed upon the ERA by Congress in 1972. [155] Public opinion in key states shifted against the ERA as its opponents, operating on the local and state levels, won over the public. To fight this recall effort, Texans for the ERA was formed and hired a full-time lobbyist, Norma Cude, to prevent the passage of the recall legislation. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. 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. They felt that ERA was designed for middle-class women, but that working-class women needed government protection. Thomas Jipping is Deputy Director and Senior Legal Fellow in the Edwin Meese III Center for Legal and Judicial Studies, of the Institute for Constitutional Government, at The Heritage Foundation. [162] Such supporters argued that while the public face of the anti-ERA movement was Phyllis Schlafly and her STOP ERA organization, there were other important groups in the opposition as well, such as the powerful National Council of Catholic Women, labor feminists[verification needed] and (until 1973) the AFLCIO. The Supreme Court rejected this argument, holding that Congress authority under Article V to propose constitutional amendments includes the power, keeping within reasonable limits, to fix a definite period for the ratification.REF, If Congress has authority to set a ratification deadline for an amendment it proposes, the question becomes whether the particular deadline that Congress set for the 1972 ERA was valid.REF ERA advocates today claim it is not because, they say, Congress power is limited to impos[ing] reasonable time limits within the text of an amendment.REF. [34] The main support base for the ERA until the late 1960s was among middle class Republican women. Although the Senate approved an unamended version on March 22, 1972, attempts at ratification of the amendment in the state of Utah repeatedly failed. Schlafly's argument that protective laws would be lost resonated with working-class women. The measure had less than two-thirds support in either the House or the Senate.REF President Jimmy Carter signed the resolution on October 20, 1978, though this action was entirely ceremonial, as the President has no role in the constitutional amendment process. [18] The proposal was seconded by Dr. Frances Dickinson, a cousin of Susan B. Dillon argued that the amendment was invalid because Congress had no authority to impose any ratification deadline. On January 25, 1982, however, the U.S. Supreme Court stayed the lower court's decision. 29), Idaho (February 8, 1977: House Concurrent Resolution No. 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. SENATE AND HOUSE TO GET AMENDMENT; A Proposed Constitutional Change To Be Introduced On October 1", "Dr. Frances Dickinson women's equal rights", "The Proposed Equal Rights Amendment: Contemporary Ratification Issues", "Conversations with Alice Paul: Woman Suffrage and the Equal Rights Amendment", "What's in a Name? Even if Congress had authority to determine whether a proposed constitutional amendment pending indefinitely before the states has been ratified, that could not constitute authority to say that a proposed amendment is still pending even after its ratification deadline has passed. In 1978, as the original 1979 deadline approached, the 95th Congress adopted H.J.Res. Texas Equal Rights Amendment, The first constitutional amendment with a ratification deadline, the 18th Amendment, proposed in 1917, placed it in the amendments text. Elections in 2023 | 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. Senator Ted Kennedy (D-Massachusetts) championed it in the Senate from the 99th Congress through the 110th Congress. [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. RES. 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. https://www.tshaonline.org, https://www.tshaonline.org/handbook/entries/texas-equal-rights-amendment. [173] In 2013, ERA Action began to gain traction with this strategy through their coordination with U.S. In 1978, before the original ratification deadline passed, Congress adopted a resolution extending the deadline to June 30, 1982, but no additional states ratified it. This Legal Memorandum analyzes the second category of efforts by ERA advocates, which attempt today to ratify the ERA that Congress proposed in 1972. [30], In 1950 and 1953, the ERA was passed by the Senate with a provision known as "the Hayden rider", introduced by Arizona senator Carl Hayden. Three-fourths of the states needed to then agree to ratify it as a constitutional amendment, but it failed by a margin of three. That year, votes were blocked in both states' House chambers. 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. All 56 joint resolutions for proposing the ERA that include a ratification deadline place it in the proposing clause. [109], On January 7, 2020, a complaint was filed by Equal Means Equal, The Yellow Roses and Katherine Weitbrecht in the United States District Court for the District of Massachusetts against the Archivist of the United States seeking to have him count the three most recently ratifying states and certify the ERA as having become part of the United States Constitution. A majority of states ratified the proposed constitutional amendment within a year. 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