The Equal Rights Amendment (ERA) is a proposed amendment to the US Constitution designed to explicitly prohibit sex discrimination. Penned by Alice Paul and Crystal Eastman, it was first introduced to Congress in 1923. The ERA gained momentum during the women's movement of the 1960s and was approved by both the House and Senate in the early 1970s, sending it to state legislatures for ratification. Congress set a deadline for ratification, which was later extended to 1982. Despite these efforts, the ERA failed to achieve ratification by the required 38 states within the given timeframe. However, efforts to ratify the amendment continue.
On September 25, 1921, the National Woman's Party announced its plans to campaign for an amendment to the U.S. Constitution to guarantee women equal rights with men. They aimed to secure a constitutional amendment ensuring gender equality.
In October 1921, U.S. Senator Charles Curtis introduced the ERA in Congress for the first time. However, the ERA rarely reached the floor for a vote between 1921 and 1972.
In December 1923, Alice Paul and Crystal Eastman wrote and introduced the Equal Rights Amendment (ERA) in Congress for the first time. The ERA aimed to explicitly prohibit sex discrimination in the United States Constitution.
Following its initial introduction in 1923, the Equal Rights Amendment was reintroduced in each subsequent Congress. However, it made little progress initially.
In 1923, Alice Paul, head of the National Women's Party, revised the proposed amendment at Seneca Falls, New York, to ensure men and women were treated equally regardless of sex. She aimed to strengthen the amendment's language.
In 1923, Mary Anderson and the Women's Bureau began leading the opposition to the ERA. These feminists argued that legislation including mandated minimum wages, safety regulations, restricted daily and weekly hours, lunch breaks, and maternity provisions would be more beneficial to the majority of women.
In 1924, The Forum hosted a debate between Doris Stevens and Alice Hamilton concerning differing perspectives on the proposed ERA. Stevens supported full equality, while Hamilton advocated for protective legislation for women workers.
In 1939, the Supreme Court ruled in the case of Coleman v. Miller that if there was not a deadline by which the proposed amendment had to be acted upon by the requisite three-fourths of state legislatures or state ratifying conventions, then the proposed amendment remains. The court also ruled that it is in the discretion of Congress to arbitrate whether at least three-fourths of the states have ratified that amendment.
In 1940, the Republican Party included support for the ERA in its platform, marking the beginning of their consistent support for the amendment. This support continued every four years until 1980.
In 1943, Alice Paul further revised the amendment to reflect the wording of the Fifteenth and Nineteenth Amendments. This version later became Section 1 of the version passed by Congress in 1972.
In 1944, the Democratic National Convention made the controversial decision to include the ERA in their platform. This was a contentious change and was not consistently reflected in later party platforms.
In 1946, the ERA was defeated in the Senate by a vote of 38 to 35, failing to receive the required two-thirds supermajority. This setback highlighted the challenges in gaining sufficient support for the amendment.
From 1948 to 1970, Emanuel Celler, chairman of the House Judiciary Committee, consistently refused to consider the ERA in the House of Representatives, posing a significant obstacle.
In 1950, the ERA passed the Senate with the "Hayden rider," introduced by Arizona Senator Carl Hayden. This provision aimed to preserve special protections for women, altering the ERA's intended impact.
In 1953, the ERA was again passed by the Senate with the Hayden rider. However, supporters of the original ERA believed the rider negated the amendment's purpose, leading to its failure in the House.
In 1958, President Dwight Eisenhower asked a joint session of Congress to pass the Equal Rights Amendment, marking the first time a president showed such support. Eisenhower publicly promised to ensure equality of rights for women.
On October 21, 1960, presidential candidate John F. Kennedy announced his support for the ERA in a letter to the chairman of the National Woman's Party. However, as president, he and his administration did not actively support it due to ties with labor unions.
In 1960, at the Democratic National Convention, a proposal to endorse the ERA was rejected. Opposition came from groups including the ACLU, AFL-CIO, and other labor unions and organizations, highlighting the deep divisions.
In 1963, the Equal Pay Act was passed, banning sex discrimination in wages in certain professions. This was partly influenced by the President's Commission on the Status of Women. The act was later amended in the early 1970s to include initially excluded professions.
In 1963, the Equal Pay Act was passed. Opponents of the ERA argued that men and women were already equal enough with the passage of this act.
In 1964, the Civil Rights Act was passed, banning workplace discrimination on the basis of race, religion, national origin, and sex. This inclusion of sex was due to the lobbying efforts of Alice Paul and Coretta Scott King, along with the political influence of Representative Martha Griffiths.
In 1964, the Civil Rights Act was passed. Opponents of the ERA argued that men and women were already equal enough with the passage of this act.
In June 1966, at the Third National Conference on the Status of Women in Washington, D.C., Betty Friedan and a group of activists formed the National Organization for Women (NOW) to advocate for full equality for American women and men, spurred by frustration over the lack of enforcement of Title VII of the Civil Rights Act.
In 1967, at the urging of Alice Paul, NOW endorsed the Equal Rights Amendment. This decision led to some union Democrats and social conservatives leaving the organization, but it ultimately benefited NOW by bolstering its membership.
In 1969, newly elected representative Shirley Chisholm of New York delivered her famous speech "Equal Rights for Women" on the floor of the U.S. House of Representatives. It advocated for gender equality.
In February 1970, NOW picketed the United States Senate, a subcommittee of which was holding hearings on a constitutional amendment to lower the voting age to 18. NOW disrupted the hearings and demanded a hearing on the Equal Rights Amendment and won a meeting with senators to discuss the ERA.
On August 10, 1970, New York representative Shirley Chisholm gave a speech on the ERA called "For the Equal Rights Amendment" in Washington, D.C., where she claimed that sex discrimination had become widespread and that the ERA would remedy it.
From 1948 to 1970, Emanuel Celler, chairman of the House Judiciary Committee, consistently refused to consider the ERA in the House of Representatives, posing a significant obstacle.
In 1970, congressional hearings began on the ERA after activists distributed literature across the country.
On October 12, 1971, Griffiths's H.J.Res. 208 was adopted by the House with a vote of 354 yeas, 24 nays and 51 not voting.
In 1971, Representative Martha Griffiths reintroduced the ERA, and it was approved by the U.S. House of Representatives that year. This marked a significant step forward for the amendment amidst the rising women's movement.
On March 22, 1972, Griffiths's joint resolution was adopted by the Senate without change by a vote of 84 yeas, 8 nays and 7 not voting.
Between 1921 and 1972, the Equal Rights Amendment was introduced in every congressional session. Despite repeated introductions, it often failed to progress beyond the committee stage.
During 1972, a total of 22 state legislatures ratified the amendment.
In 1972 the ERA text was the same in House committees as it was in 1983.
In 1972, Congress passed the Equal Rights Amendment, incorporating the revised text from 1943 as Section 1. This version was then submitted to the states for ratification.
In 1972, The National Organization for Women (NOW) and ERAmerica, a coalition of almost 80 organizations, led the pro-ERA efforts. Supporters held rallies, petitioned, picketed, went on hunger strikes, and performed acts of civil disobedience.
In 1972, the U.S. Senate approved the ERA, submitting it to the state legislatures for ratification. Congress included a seven-year deadline for ratification, as provided by Article Five of the United States Constitution.
In 1972, the United States Supreme Court extended equal protection to sex-based discrimination under the Fourteenth Amendment. This ruling, however, did not grant women full equal protection, as statutory sex classifications were subject to an intermediate standard of review.
In 1972, when Schlafly began her campaign against the ERA, public polls showed support for the amendment was widely popular and thirty states had ratified the amendment.
On February 27, 2020, the States of Alabama, Louisiana and South Dakota entered into a joint stipulation that if the Department of Justice ever concludes that the 1972 ERA Resolution is still pending and that the Archivist therefore has authority to certify the ERA's adoption ... the Archivist will make no certification concerning ratification of the ERA until at least 45 days following the announcement of the Department of Justice's conclusion, absent a court order compelling him to do so sooner."
On June 21, 2009, the National Organization for Women decided to support efforts to obtain additional state ratifications for the 1972 ERA.
The League of Women Voters, formerly the National American Woman Suffrage Association, opposed the Equal Rights Amendment until 1972, fearing the loss of protective labor legislation for women. This changed as views evolved.
The South Dakota Legislature stated that if Congress wants to pass an updated version of the ERA, taking into consideration all the changes in the law since 1972, it would debate the merits in a new ratification process.
The text mentions ERA supporters' efforts to win ratification of the ERA by state legislatures starting between 1972 and 1982.
After 1973, the number of states ratifying the ERA slowed to a trickle, and support in the states that had not ratified fell below 50%.
In 1973, future Supreme Court Justice Ruth Bader Ginsburg summarized a supporting argument for the ERA in the American Bar Association Journal. She pointed to the lack of a specific guarantee in the Constitution for equal rights protections on the basis of sex.
In 1973, the South Dakota Legislature ratified the ERA.
In early 1973, eight more states joined the ratification of the ERA.
Until 1973, the AFL-CIO was among the organizations opposing the ERA.
Between 1974 and 1977, only five states approved the ERA.
In 1975, North Dakota ratified the ERA.
Political scientist Jane Mansbridge argued that many people believed the ERA would have been ratified by 1975 if not for Phyllis Schlafly's efforts to organize potential opponents.
By 1976, 60% of African-American women and 63% of African-American men were in favor of the ERA. The legislation was supported by organizations such as the NAACP, National Council of Negro Women, Coalition of Black Trade Unionists, National Association of Negro Business, and the National Black Feminist Organization.
Political scientist Jane Mansbridge argued that many people believed the ERA would have been ratified by 1976 if not for Phyllis Schlafly's efforts to organize potential opponents.
Between 1974 and 1977, only five states approved the ERA.
On July 9, 1978, the National Organization for Women (NOW) and other organizations hosted a national march in Washington, D.C. The march garnered over 100,000 supporters.
In 1978, the 95th Congress adopted H.J.Res. 638, which purported to extend the ERA's ratification deadline to June 30, 1982.
In 1978, the purported extension of the ERA's ratification deadline was vigorously contested, with scholars divided over whether Congress had the authority to revise a previously agreed-to deadline for states to act on a constitutional amendment.
On March 1, 1979, the South Dakota Legislature adopted Senate Joint Resolution No. 2, stipulating that South Dakota's 1973 ERA ratification would be "sunsetted" as of the original deadline, March 22, 1979.
On March 13, 1979, South Dakota's 1979 sunset joint resolution was published verbatim in the Congressional Record.
Advocates became worried about the approaching March 22, 1979, deadline for ERA ratification.
On March 31, 1979, the South Dakota Legislature rescinded its ratification of the ERA because thirty-eight states failed to ratify the amendment by the original time limit set by Congress. Senate Joint Resolution 2 required the ERA be ratified in the original time limit set by Congress or be rescinded.
In 1979, according to research by Jules B. Gerard, professor of law at Washington University in St. Louis, of the 35 legislatures that passed ratification resolutions, 24 of them explicitly referred to the original 1979 deadline.
In 1979, the initial seven-year deadline for the ERA's ratification passed. The amendment was three states short of the required 38 for ratification.
In 1979, the original deadline approached for ERA ratification.
On June 18, 1980, a resolution in the Illinois House of Representatives resulted in a vote of 102–71 in favor of the ERA, but the measure failed because Illinois' internal parliamentary rules required a three-fifths majority on constitutional amendments and so it fell five votes short.
In 1980, at the Republican National Convention, the Republican Party platform was amended to end its support for the ERA.
In 1980, the Republican Party ended its consistent inclusion of the ERA in its platform. Until the late 1960s, the ERA's main support base was middle-class Republican women and some Southern Democrats.
On December 23, 1981, a federal district court ruled in the case of Idaho v. Freeman that the extension of the ERA ratification deadline to June 30, 1982, was not valid and that the ERA had actually expired from state legislative consideration more than two years earlier on the original expiration date of March 22, 1979.
On January 25, 1982, the U.S. Supreme Court stayed the lower court's decision in Idaho v. Freeman, which had ruled the ERA ratification deadline extension invalid.
On June 6, 1982, the National Organization for Women (NOW) sponsored marches in states that had not passed the ERA, including Florida, Illinois, North Carolina, and Oklahoma.
On June 21, 1982, the ERA was approved by the Florida House of Representatives, marking the closest it came to gaining an additional ratification between the original deadline of March 22, 1979, and the revised June 30, 1982, expiration date.
H.J.Res. 638 purported to extend the ERA's ratification deadline to June 30, 1982.
In July 1982, following the failure of the ERA to be ratified by the required number of states, a jazz funeral for the ERA was held in New Orleans, symbolizing the mourning of ERA supporters.
On October 4, 1982, the Supreme Court vacated the federal district court decision in Idaho v. Freeman in the case of NOW v. Idaho, declaring controversies moot based on the Administrator of General Services' memorandum that the ERA had not received the required number of ratifications and so "the Amendment has failed of adoption no matter what the resolution of the legal issues presented here".
In 1982, the ERA was reintroduced in every session of Congress.
In 1982, the extended deadline for the ERA's ratification passed. Despite efforts, the ERA remained three states short of the necessary 38 for ratification.
The text mentions ERA supporters' efforts to win ratification of the ERA by state legislatures starting between 1972 and 1982.
In 1983, the ERA passed through House committees with the same text as in 1972, but it failed by six votes to achieve the necessary two-thirds vote on the House floor. This was the last time the ERA received a floor vote in either house of Congress.
In 1992, the Constitution's Twenty-seventh Amendment (sometimes referred to as the "Madison Amendment") became part of the Constitution after pending before the state legislatures since 1789. The text mentions that the unconventional 202-year-long ratification spurred the "three-state strategy" for the ERA.
The ERA's defeat seriously damaged the women's movement, leading to feminist dissatisfaction with the Republican Party, which helped elect Bill Clinton to the presidency in 1992.
The ERA's defeat seriously damaged the women's movement, leading to feminist dissatisfaction with the Republican Party, which helped elect Bill Clinton to the presidency again in 1996.
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.
On January 6, 2011, Senator Menendez, along with representatives Maloney, Nadler, and Moore, held a press conference advocating for the Equal Rights Amendment's adoption.
On March 8, 2011, the 100th anniversary of International Women's Day, Representative Tammy Baldwin introduced legislation (H.J. Res. 47) to remove the congressionally imposed deadline for ratification of the Equal Rights Amendment. The resolution was referred to the Subcommittee on the Constitution but died in subcommittee when the 112th Congress ended.
On March 22, 2012, the 40th anniversary of the ERA's congressional approval, Senator Benjamin L. Cardin introduced S.J. Res. 39, a Senate Joint Resolution, which was worded with slight differences from Representative Baldwin's H.J. Res. 47. The resolution died in committee when the 112th Congress ended.
In January 2013, at the end of the 112th Congress, both Representative Tammy Baldwin's legislation (H.J. Res. 47) and Senator Benjamin L. Cardin's Senate Joint Resolution (S.J. Res. 39) died in their respective committees.
On February 24, 2013, the New Mexico House of Representatives adopted House Memorial No. 7 asking that the congressionally imposed deadline for ERA ratification be removed.
On March 5, 2013, the ERA was reintroduced by Senator Menendez as S.J. Res. 10.
On April 8, 2013, the Congressional Research Service issued a report entitled "The Proposed Equal Rights Amendment: Contemporary Ratification Issues", stating that ERA Action's "three state strategy" was viable.
In August 2013, Carolyn Maloney (D-New York) sponsored the ERA in the House of Representatives, marking her most recent sponsorship since the 105th Congress.
In 2013, the "New ERA" was introduced by Representative Carolyn B. Maloney. It added an additional sentence to the original text: "Women shall have equal rights in the United States and every place subject to its jurisdiction."
On January 6, 2014, House Memorial No. 7, adopted by the New Mexico House of Representatives, was officially received by the U.S. Senate as "POM-175" and referred to the Senate's Committee on the Judiciary.
In 2014, the Virginia and Illinois state senates voted to ratify the ERA under the auspices of ERA Action and their coalition partners. Votes were blocked in both states' House chambers. The ERA ratification resolution was introduced in 10 state legislatures.
On March 22, 2017, the Nevada Legislature became the first state in 40 years to ratify the ERA.
In April 2018, the Illinois Senate voted 43-12 to ratify the ERA. The Illinois House followed with a 72-45 vote in May 2018.
On May 30, 2018, Illinois state lawmakers ratified the ERA with a 72–45 vote in the Illinois House, following a 43–12 vote in the Illinois Senate in April 2018.
In 2018, an effort to ratify the ERA in the Virginia General Assembly failed to reach the floor of either the House of Delegates or Senate.
On January 30, 2019, Representative Jackie Speier introduced legislation (H.J.Res. 38) in a renewed attempt to remove the deadline to ratify the amendment.
As of April 30, 2019, Representative Jackie Speier's resolution (H.J.Res. 38) had 188 co-sponsors and was referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties. The subcommittee heard testimony on the amendment and extension of the deadline on this same day.
On November 8, 2019, Representative Jackie Speier re-introduced the bill as H.J.Res. 79 with 214 co-sponsors to attempt to remove the deadline to ratify the amendment.
On December 16, 2019, the states of Alabama, Louisiana, and South Dakota sued to prevent further ratifying of the Equal Rights Amendment, with Alabama Attorney General Steve Marshall stating that the people had seven years to consider and rejected the ERA.
In 2019, a Senate committee in Virginia voted to advance the ERA to the floor.
On January 6, 2020, the Department of Justice Office of Legal Counsel official Steven Engel issued an opinion stating that "Congress had the constitutional authority to impose a deadline on the ratification of the ERA and, because that deadline has expired, the ERA Resolution is no longer pending before the States."
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.
On January 15, 2020, the Virginia Senate voted 26–14 to approve the ERA and forward it to the House of Delegates, but it was defeated there in a 50–50 tied vote.
On January 30, 2020, the attorneys general of Virginia, Illinois and Nevada filed a lawsuit in the United States District Court for the District of Columbia 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.
On February 13, 2020, the House passed H.J. Res. 79 by a vote of 232–183. The bill expired without Senate action.
In February 2020, during a discussion at Georgetown University, Ruth Bader Ginsburg suggested that the best approach to the Equal Rights Amendment would be to start over, citing its expiration date and the challenges of states rescinding their ratifications.
On February 27, 2020, the States of Alabama, Louisiana and South Dakota entered into a joint stipulation and voluntary dismissal with the Archivist of the United States, incorporating the Department of Justice's Office of Legal Counsel's opinion that the Archivist would not certify the adoption of the Equal Rights Amendment.
On March 2, 2020, Federal District Court Judge L. Scott Coogler entered an order regarding the Joint Stipulation and Plaintiff's Voluntary Dismissal, granting the dismissal without prejudice.
On May 7, 2020, the DOJ filed a motion to dismiss the lawsuit filed by Virginia, Illinois, and Nevada, claiming the states do not have standing to bring the case to trial as they have to show any "concrete injury", nor that the case was ripe for review.
On August 6, 2020, Judge Denise Casper granted the Archivist's motion to dismiss the case filed by Equal Means Equal, The Yellow Roses and Katherine Weitbrecht, ruling that the plaintiffs did not have standing to sue to compel the Archivist to certify and so she could not rule on the merits of the case.
On August 21, 2020, the plaintiffs in the case against the Archivist of the United States appealed the dismissal decision to the United States Court of Appeals for the First Circuit.
On September 2, 2020, the plaintiffs in the case against the Archivist of the United States asked the Supreme Court to hear their case, but the Supreme Court denied the request to intervene before the First Circuit gives its decision.
In 2020, Southern Legal Council found clauses officially declaring equal rights / non-discrimination on the basis of sex in the constitutions of 168 countries.
On March 5, 2021, federal judge Rudolph Contreras of the United States District Court for the District of Columbia ruled that the ratification period for the ERA "expired long ago" and that three states' recent ratifications had come too late to be counted in the amendment's favor.
On March 17, 2021, the House passed a joint resolution (H.J.Res. 17) by a 222–204 vote to remove the deadline for ratification of the ERA.
On March 19, 2021, North Dakota state lawmakers adopted Senate Concurrent Resolution No. 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".
On April 20, 2021, North Dakota's resolution was formally received by the U.S. Senate, designated as "POM-10", and referred to the Senate's Judiciary Committee.
On May 3, 2021, the plaintiff states appealed the ruling to the United States Court of Appeals for the District of Columbia Circuit.
On June 29, 2021, the First Circuit affirmed the District Court's decision that "the plaintiffs have not met their burden at the pleading stage with respect to those federal constitutional requirements; we affirm the order dismissing their suit for lack of standing."
On January 4, 2022, the en banc rehearing request in the case of Equal Means Equal, The Yellow Roses and Katherine Weitbrecht v. the Archivist of the United States was denied.
In February 2022, Virginia withdrew from the lawsuit regarding the ERA.
On September 28, 2022, oral arguments were held before a panel composed by judges Wilkins, Rao and Childs in the United States Court of Appeals for the District of Columbia Circuit regarding the ERA.
On February 28, 2023, the panel of the United States Court of Appeals for the District of Columbia Circuit ruled that the plaintiffs failed to prove the ERA deadline invalid.
On May 19, 2023, the Minnesota Legislature adopted a resolution memorializing Congress to declare the ERA fully ratified by the states, and now the 28th Amendment to the U.S. Constitution.
On June 23, 2023, Vikram Valame filed a complaint against the Selective Service System for harms caused by the Military Selective Service Act, arguing that the ERA had been validly ratified as the 28th Amendment to the Constitution and that Congress's deadline for ratification was unconstitutional under Article V and that states had no ability to revoke their ratifications.
In 2023, the Congressional Caucus for the Equal Rights Amendment was founded by House Democrats.
On January 20, 2024, Judge Nathanael M. Cousins granted the defendants' motion to dismiss and denied the plaintiff's motion for summary judgment in the case of Vikram Valame v. Selective Service System. The court ruled that "no 28th Amendment appears in the Constitution" and that the plaintiff "cannot state a claim for relief under a constitutional amendment that does not exist." Valame filed a notice of appeal to the Ninth Circuit Court of Appeals on the same day as the district court's ruling.
In February 2024, the American Bar Association (ABA) passed resolution 601, supporting implementation of the ERA and urges implementation stating that a deadline for ratification of an amendment to the U.S. Constitution is not consistent with Article V of the Constitution and that under Article V, states are not permitted to rescind prior ratifications.
On December 15, 2024, over 120 House Democrats, led by Representatives Cori Bush and Ayanna Pressley, sent a letter to outgoing President Joe Biden, arguing that the ERA had been successfully ratified and urging him to direct the Archivist of the United States to certify the amendment as part of the Constitution.
On January 17, 2025, President Biden declared that the Equal Rights Amendment was the law of the land, affirming that it guarantees equal rights and protections under the law regardless of sex. However, the National Archives does not intend to certify the amendment, and Biden's statement led to widespread criticism.
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