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Efforts to alter sex-based inequities in insurance regulations and wages continued at a slow pace during the economic recession of the 1990s. If it is not, however, the 1972 ERA cannot be ratified because it no longer exists. Sign up now to learn about This Day in History straight from your inbox. Texas voters endorsed the state equal rights amendment in November 1972. https://www.thoughtco.com/which-states-ratified-the-era-3528872 (accessed April 6, 2023). Drawing a specific parallel with the legislative process can further clarify this point. 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. In July 1982, after the 1972 ERAs extended ratification deadline had passed, the Acting Solicitor General prepared a memorandum for the Administrator of General Services explaining why this legal challenge should be dismissedand later asked the Supreme Court to do so. (Stares are listed alphabetically, not in sequence of ratification within the year.). Texas State Historical Association (TSHA), http://www.law.cornell.edu/uscode/17/107.shtml. Special thanks to Perkins Coie for their support in this event in New York City. 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. Even National Public Radio acknowledges that the 1972 ERA fell short and expired in 1982.REF The widely used resource Lexis-Nexis includes the 1972 ERA on a list of failed amendments, noting that it never received ratification by the necessary three-fourths of the states.REF. 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. Congress included a seven-year deadline for states to ratify the ERA, later extending the deadline to 1982. Second, the Supreme Court vacated the district courts decision because, as the Acting Attorney Generals memorandum to the Administrator of General Services explained, the 1972 ERA had failed of adoption after the ratification deadline passed with fewer than three-fourths of the states ratifying. In 1978, Congress clearly demonstrated its belief that it may alter a time limit in the proposing clause when it passed a bill moving the deadline from March 22, 1979, to June 30, 1982. State legislature |

Then a grassroots 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 Constitution, Phyllis Schalfly's STOP ERA Campaign Against Women's Equality, Sex Discrimination and the U.S. Constitution, What Is A Poll Tax? 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. When the 115th Congress adjourned, however, bills introduced but not enacted expired. Feministswere optimistic because the majority of people supported equality and 30 states ratified the ERA in the first year of the"new" ERAratification struggle. The House passed a resolution Wednesday to remove the deadline to ratify the Equal Rights Amendment just weeks after a federal judge ruled that time had already run out. The sponsors have included multiple Members of Congress from all 50 states, 53 percent of them Democrats and 47 percent Republicans. In 1810, Congress proposed an amendment that would strip American citizenship from anyone who accepted a title of nobility from an emperor, king, prince, or foreign power. The last of 12 ratifying states did so in 1812. They conflate whether Congress can change a ratification deadline before and after that deadline expires. Advocates have taken several steps to implement this strategy. If states may ignore a ratification deadline that is not part of the amendment and is not ratified by the States, then they may similarly ignore Congress designation of how they must ratify a proposed amendment when it appears in that location.

Initially proposed in 1923, th e ERA came close to ratification in 1972; it was passed by Congress and given seven years (later extended to 10) to be ratified by two-thirds of states, dying in 1982 just three states short of the 38-state constitutional threshold. The joint resolution proposing the 1972 ERA, for example, opens this way: Resolvedthat the following article is proposed as an amendment to the Constitution of the United States, which shall be validwhen ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress. Similarly, Section 3 of the 18th Amendment requires that it be ratifiedby the legislatures of the several Stateswithin seven years from date of the submission hereof to the States by the Congress., When Congress does not impose a ratification deadline, the designation always appears in the joint resolutions proposing clause. Texas State Historical Association (TSHA) | The Texas Equal Rights Amendment, also known as Proposition 7, was on the November 7, 1972 ballot in Texas as a legislatively referred constitutional amendment, where it was approved. As this Legal Memorandum will explain, advocates who claim that the 1972 ERA can still be ratified make four errors. Successful bills included one prohibiting sex-based discrimination in processing loan and credit applications and another disallowing husbands from abandoning and selling homesteads without their wives' consent. Similarly, if Congress had authority to amend or repeal the 1972 ERAs ratification deadline after sending it to the states, Congress had to act while the measure was actually pending, that is, before it expired with the passage of the ratification deadline.REF. Groups on both sides of the issue mobilized to lobby the states for and against passage. The Texas House and Texas Senate were run by Democrats The Equal Rights Amendment, in its most recently proposed form, reads, Equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex., READ MORE: How Phyllis Schlafly Derailed the Equal Rights Amendment. Yes, Texas ratified the Equal Rights Amendment (ERA) on March 30th, 1972. Do states have the power to rescind amendment ratifications? two states have recently ratified the ERA. Finally, ERA advocates offer contradictory conclusions regarding congressional promulgation. First, ERA advocates want to ignore the district courts decision because the Supreme Court vacated it without offering a substantive decision of its own. The Texas B&PW campaigned before the ratification election in November 1972. That amounts to a minimum of 100 votes in the House of Representatives and 21 votes in the Senate.

The Congressional Research Service is correct. 1977:Indiana becomes the 35th and final state to ratify the ERA prior to the initial deadline. WebThere are two paths available for the Equal Rights Amendment to be ratified to the U.S. Constitution. The Equal Rights Amendment followed the prescribed process and was passed by both chambers of Congress. The 17th Amendment to the US Constitution: Election of Senators, The Original Bill of Rights Had 12 Amendments, How Vacancies in the US Congress are Filled, Why No Term Limits for Congress? Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. As outlined above, however, Coleman explicitly acknowledged this distinction. Those who advocate the 1972 ERAs continued viability in 2021 point to the 27 th Amendment (prohibiting pay changes for members of Congress from taking effect until after the next set of congressional elections), in which Congress proposed the amendment by a two-thirds vote in 1789; yet the requisite ratification by 3/4 of the states 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. The U.S. Senate had passed the Equal Rights Amendment to the article about the amendment's history on their website. Meanwhile, Congress passed the 1972 Equal Employment Opportunity Act and a federal equal rights amendment, the latter of which was ratified by the Texas legislature in a special session in March 1972. WebEqual Rights Amendment. The amendment to the Texas constitution granting women and men equal legal rights resulted from a fifteen-year campaign spearheaded by the Texas Federation of Business and Professional Women. 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. Four of the six unratified amendments remain pending before the states because they were proposed without a ratification deadline. "Which States Have Ratified the Equal Rights Amendment?" By January 1977, 35 states had ratified it and five of those states had rescinded their ratification. 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. There is legal precedent invalidating the rescission of other amendment ratifications. Virginia became the 38th state to ratify the Equal Rights Amendment on Wednesday, but Texas beat it to the punch nearly 50 years earlier. It fell three states short of ratification and so was not added to the Constitution. Webtional origin. Yes, Texas ratified the Equal Rights Amendment (ERA) on March 30th, 1972. The accompanying report described the ratification history and stated that the Supreme Court dismissed the Freeman litigation on the grounds that the ERA was dead for the reasons given by the administrator of general services.REF This echoed CRS earlier conclusion decades earlier that the ERA died on June 30, 1982. In other words, the effort to make the ERA part of the Constitution must begin again with a fresh-start proposal because the 1972 ERA is no longer pending before the states. 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. 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 a proposed 27th Amendment to the United States The Equal Rights Amendment followed the prescribed process and was passed by both chambers of Congress. A few months later, women legislators employed the new amendment in preparing several Is this useful? which Congress passed in 1972, had a deadline of 1979. You can also find more information about Frances Tarlton Sissy Farenthold, a key figure in passing the Texas ERA, via this project from the University of Texas School of Law and the Dolph Briscoe Center. Only five more states ratified between 1973 and the final deadlinein 1982. The full and complete text of the 1972 ERA reads: SECTION 1. Thomas is a Senior Legal Fellow for the Edwin Meese III Center for Legal and Judicial Studies. The E.R.A. The majority of Americans are in agreement about gender equality, and about the fact that the Equal Rights Amendment would guarantee it- a 2020 Pew Research Poll found that 79% of Americans, including 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.. On August 22, 1978, Congress proposed and sent to the states an amendment that would give the District of Columbia the same Senate and House representation that states have. U.S. President | WebTwenty-sixth Amendment, which decreased the voting age from 21 to 18, and Twenty-eighth Amendment, which forbids the sale of alcohol on Sundays, are two other recent amendments that were ratified and have had significant effects. Unfortunately, the ERA fell three states short of the necessary 38 states to become adopted as part of theConstitution.

The As such, these decisions provide no support for ratifying an amendment after its ratification deadline has passed.REF. The 115th Congress lasted from January 3, 2017, to January 3, 2019. HISTORY.com works with a wide range of writers and editors to create accurate and informative content. Advocates ignore this difference by focusing instead on a supposed distinction between a textual time limitREF that appears in the proposed amendments text and time limits in a proposing clauseREF that appear in the joint resolutions text. The 1972 ERA, therefore, can no longer be ratifiedbecause it no longer exists. The joint resolution can originate in either the House or the Senate. The association assumed that passage of the new Family Code, which included these and related proposals, would prevent the need for a constitutional amendment. WebThe amendment was finally ratified in the election of November 7, 1972, with 80 percent of voters in favor. First proposed by the National Womans political party in 1923, the Equal Rights Amendment was to provide for the legal equality of the sexes and prohibit discrimination on the basis of sex. This fictional distinction has no legal or logical basis.REF Third, they posit that if Congress has authority to change a ratification deadline in a proposed constitutional amendment before that deadline passes, it can do so long afterward.REF Two scholars offered this answer: If the first [deadline] extension was like adding an extra quarter to benefit the losing team in a football game, allowing ratification efforts to resumeafter ERAs apparent defeat is like authorizing the losing team to continue a game after the winning team has left the stadium.REF Fourth, ERA advocates incorrectly claim that Congress has plenary authority over the entire constitutional amendment process, when Congress actual authority is limited to proposing amendments and designating their method of state ratification.

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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. 1972 historylink amendment equal rights button While ratification of an amendment via Article V is standard, a coalition of strategists and supporters have been working to ratify the ERA using something called "a three-state strategy," which would allow the legislation to go the states without the constraints of a time limitin the tradition of the 19thAmendment. The next year, the introduction of the federal equal rights amendment in Congress gave the state measure greater credibility. Congress has authority to set such a deadline, and its validity does not depend on whether the deadline appears in the resolutions proposing clause or the amendments text. Every penny counts! Text for S.Res.107 - 118th Congress (2023-2024): A resolution recognizing the expiration of the Equal Rights Amendment proposed by Congress in March 1972, and observing that Congress has no authority to modify a resolution proposing a constitutional amendment after the amendment has been submitted to the States or after the Removing the deadline for the ratification of the equal rights amendment. 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. All rights reserved. Article V of the U.S. Constitution provides for two methods of proposing amendments. Contemporary efforts to make the ERA part of the Constitution fall into two categories. The Equal Rights Amendment followed the prescribed process and was passed by both chambers of Congress. It would guarantee that the rights affirmed by the U.S. Constitution are held equally by all citizens without regard to their sex. All Rights Reserved. However, no additional states ratified. In 1972, the Equal Rights Amendment, designed to guarantee protection against sexual discrimination for women under the law, passed both houses of Congress and was sent to the individual states for ratification. march britannica 1972 history "Which States Have Ratified the Equal Rights Amendment?" Peter Keegan / Archive Photos / Getty Images, Ratification Via Article V vs. "Three-State Strategy". 3. Every dollar helps. It finally passed Congress in 1972 and was sent to the states for ratification. How Phyllis Schlafly Derailed the Equal Rights Amendment. State and local courts | 3, Getting to the National Archives in Washington, DC. You can find out more about our use, change your default settings, and withdraw your consent at any time with effect for the future by visiting Cookies Settings, which can also be found in the footer of the site. How to run for office | Resolved by the Senate and House of Representatives of the United States of America in A few months later, women legislators employed the new amendment in preparing several laws to halt discriminatory practices. Neither case involved a similar kind of amendment: Dillon involved an amendment with a ratification deadline in its text, while Coleman involved an amendment with no ratification deadline at all. How to vote | Click here to contact our editorial staff, and click here to report an error. 1972: In the first year, 22 states ratified the ERA. 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. The number of states ratifying it declined rapidly, from 30 in the first two years to only five in the next four years. Texas Women's Political Times, Spring 1983. Indiana became the 35thstate to ratify the amendment on January 18, 1977. The text of the measure can be read here. The measure provided that equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin. The caucus stated that the Texas legislature had eliminated or was preparing to change most sex-specific language in Texas statutes, but that many state agency regulations had not yet been reviewed. In March 1972, it was approved by the U.S. Senate and sent to the states. Despite the fervent efforts of equality activists, and even a boycott of unratified states by major U.S. organizations and conventions, no states ratified the ERA during the deadline extension. According to the National Archives, a proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States.REF. The Handbook of Texas Women project has its own dedicated website and resources. The National Conversation on Rights and Justice is presented in part by AT&T, Ford Foundation, Seedlings Foundation, Carnegie Corporation of New York, and the National Archives Foundation. Not a single additional state ratified the amendment during the deadline extension period, and five states had already rescinded their ratification. However, two states have recently ratified the ERA: Nevada became the 36th state to ratify the amendment on March 22nd, 2017, and Illinois became the 37th state on May 30th, 2018. Thirty-five states ratified the proposedEqual Rights Amendmentto theU.S. Constitution. SEC. In 1978, Congress extended the deadline for ratification from 1979 to 1982. By: Ally Coll & Michelle Kallen. In its work titled The Constitution of the United States of America: Analysis and Interpretation, the CRS states that the ERA formally died on June 30, 1982, after a disputed congressional extension of the original seven-year period for ratification.REF. The Equal Rights Amendment has been a perennial topic in Congress since 1923, but not until 1972 did both houses of Congress approve the ERA with a constitutionally required two-thirds majority. The Supreme Court has confirmed Congress view. Under the leadership of U.S. Representative Bella Abzug of New York and feminists Betty Friedan and Gloria Steinem, it won the requisite two-thirds vote from the U.S. House of Representatives in October 1971. Senior Legal Fellow, Center for Legal and Judicial Studies.