The Equal Rights Amendment (ERA) is a proposed amendment to the U.S. Constitution designed to explicitly prohibit sex discrimination. Written by Alice Paul and Crystal Eastman, it was first introduced to Congress in 1923. The ERA gained momentum during the women's movement in 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, later extended to 1982, but the ERA fell three states short of the required 38 for ratification by that deadline. Despite this, efforts to ratify the ERA continue.
On September 25, 1921, the National Woman's Party announced its plans to campaign for an amendment to the U.S. Constitution guaranteeing women equal rights with men.
In October 1921, U.S. senator Charles Curtis introduced the ERA to Congress for the first time.
In December 1923, the Equal Rights Amendment, written by Alice Paul and Crystal Eastman, was first introduced in Congress.
Following its introduction in 1923, the Equal Rights Amendment was reintroduced in each subsequent Congress, but made little progress.
In 1923, at Seneca Falls, New York, Alice Paul revised the proposed amendment to ensure men and women were treated equally regardless of sex.
In 1923, the opposition to the ERA was led by Mary Anderson and the Women's Bureau.
In 1924, The Forum hosted a debate between Doris Stevens and Alice Hamilton concerning the different perspectives on the proposed amendment.
In 1939, the Supreme Court ruled in Coleman v. Miller that a proposed amendment remains valid if there is no deadline for ratification and that Congress has the discretion to determine if the required number of states have ratified the amendment.
In 1940, the Republican Party included support of the ERA in its platform.
In 1943, Alice Paul further revised the amendment to reflect the wording of the Fifteenth and Nineteenth Amendments.
At the 1944 Democratic National Convention, the Democrats included the ERA in their platform, a hotly contested change.
In 1946, the ERA was defeated in the Senate by a vote of 38 to 35, failing to receive the required two-thirds supermajority.
Between 1948 and 1970, chairman Emanuel Celler of the House Judiciary Committee, refused to consider the ERA in the House of Representatives.
In 1950, the ERA was passed by the Senate with the "Hayden rider" provision to keep special protections for women.
In 1953, the ERA was passed by the Senate with the "Hayden rider" provision to keep special protections for women.
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.
On October 21, 1960, presidential candidate John F. Kennedy announced his support of the ERA in a letter to the chairman of the National Woman's Party.
At the Democratic National Convention in 1960, a proposal to endorse the ERA was rejected.
In 1963, the Equal Pay Act of 1963 was passed, banning sex discrimination in wages in a number of 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 and the Civil Rights Act of 1964.
In 1964, the Civil Rights Act of 1964 banned workplace discrimination based on sex due to the lobbying of Alice Paul and Coretta Scott King and the political influence of Representative Martha Griffiths of Michigan.
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 and the Equal Pay Act of 1963.
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).
In 1967, at the urging of Alice Paul, NOW endorsed the Equal Rights Amendment.
In 1969, newly elected representative Shirley Chisholm of New York gave her famous speech "Equal Rights for Women" on the floor of the U.S. House of Representatives.
In February 1970, NOW picketed the United States Senate, disrupting hearings on lowering the voting age and demanding a hearing on the Equal Rights Amendment, ultimately securing a meeting with senators to discuss the ERA.
On August 10, 1970, New York representative Shirley Chisholm delivered a speech in Washington, D.C., titled "For the Equal Rights Amendment," advocating for the ERA as a remedy for widespread sex discrimination and arguing that it would benefit all people by ensuring laws protecting workers applied to both men and women.
Between 1948 and 1970, chairman Emanuel Celler of the House Judiciary Committee, refused to consider the ERA in the House of Representatives.
In 1970, congressional hearings began on the ERA, marking a significant step in the legislative process.
On October 12, 1971, the House adopted Griffiths's H.J.Res. 208 for the ERA with a vote of 354-24.
In 1971, Representative Martha Griffiths reintroduced the Equal Rights Amendment, and it was approved by the U.S. House of Representatives.
On March 22, 1972, the Senate adopted Griffiths's joint resolution for the ERA by a vote of 84-8.
Between 1921 and 1972, the ERA was introduced in every congressional session.
Between 1972 and 1982, The National Organization for Women (NOW) and ERAmerica, led the pro-ERA efforts.
During 1972, a total of 22 state legislatures ratified the amendment.
In 1972, Phyllis Schlafly began her campaign to stop the ERA. Public polls showed support for the amendment was widely popular at this time.
In 1972, the ERA had a specific text, which was the same text used when it passed through House committees in 1983.
In 1972, the U.S. Senate approved the Equal Rights Amendment, submitting it to state legislatures for ratification.
In 1972, the United States Supreme Court extended equal protection to sex-based discrimination, interpreting the Fourteenth Amendment.
The text revised by Alice Paul in 1943 would later become Section 1 of the version passed by Congress in 1972.
Until 1972, the League of Women Voters opposed the Equal Rights Amendment, fearing the loss of protective labor legislation.
By 1973, thirty states had ratified the amendment. After 1973, the number of ratifying states slowed to a trickle.
In 1973, future Supreme Court justice Ruth Bader Ginsburg summarized a supporting argument for the ERA in the American Bar Association Journal.
In early 1973, eight more states joined in ratifying the ERA.
Until 1973, the AFL-CIO was among the opposition to the ERA.
Between 1974 and 1977, only five states approved the ERA.
By 1975, many believed that the ERA would have been ratified if not for Phyllis Schlafly's early and effective efforts to organize potential opponents.
By 1976, many believed that the ERA would have been ratified if not for Phyllis Schlafly's early and effective efforts to organize potential opponents.
Between 1974 and 1977, only five states approved the ERA.
On July 9, 1978, NOW and other organizations hosted a national march in Washington, D.C., which garnered over 100,000 supporters.
In 1978, the 95th Congress adopted H.J.Res. 638, by Representative Elizabeth Holtzman of New York, which purported to extend the ERA's ratification deadline to June 30, 1982.
The purported extension of ERA's ratification deadline was vigorously contested in 1978.
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.
As the original March 22, 1979 deadline approached, ERA advocates became worried.
Because thirty-eight states failed to ratify the amendment by March 31, 1979, the South Dakota Legislature rescinded its ratification of the ERA.
In 1979, as the original 1979 deadline approached, the 95th Congress adopted H.J.Res. 638, which purported to extend the ERA's ratification deadline to June 30, 1982.
In 1979, the initial seven-year deadline set by Congress for the ratification of the Equal Rights Amendment passed, with the ERA still three states short of the required 38.
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 failed due to internal parliamentary rules requiring a three-fifths majority.
In 1980, the Republican Party platform was amended to end its support for the ERA, marking a significant shift in the political landscape surrounding the amendment.
Until 1980, the Republican Party included support of the ERA in its platform renewing the plank every four years.
On December 23, 1981, a federal district court ruled in Idaho v. Freeman that the extension of the ERA ratification deadline to June 30, 1982, was invalid, asserting that the ERA had expired on March 22, 1979.
On January 25, 1982, the U.S. Supreme Court stayed the federal district court's decision in Idaho v. Freeman, which had invalidated the ERA ratification deadline extension.
On June 6, 1982, 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, but was defeated in the Florida Senate.
June 30, 1982, was the purported extended ERA ratification deadline.
In July 1982, a jazz funeral for the ERA was held in New Orleans to mourn the failure of the amendment.
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 due to the ERA failing to receive the required ratifications by the extended deadline.
In 1982, the ERA was reintroduced in Congress and has been reintroduced in every session since.
In 1982, the extended deadline for the ratification of the Equal Rights Amendment passed, with the ERA remaining three states short of the required 38 for ratification.
In 1983, the ERA passed through House committees but failed to achieve the necessary two-thirds vote on the House floor, marking the last time the ERA received a floor vote in either house of Congress.
In 1992, the Constitution's Twenty-seventh Amendment was ratified after pending before state legislatures since 1789.
In 1996, Bill Clinton was reelected president with feminist support.
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, 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 it failed to receive a vote.
On March 22, 2012, Senator Benjamin L. Cardin introduced (S.J. Res. 39) to remove the congressionally imposed deadline for ratification of the Equal Rights Amendment. The resolution was referred to the Senate Committee on the Judiciary, but a vote was never brought.
In January 2013, both Representative Baldwin's and Senator Cardin's resolutions died in committee when the 112th Congress ended, as no vote was brought on either resolution.
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 the three-state strategy approach was viable.
In August 2013, Representative Carolyn Maloney sponsored the ERA in the House of Representatives, continuing her support since the 105th Congress.
In 2013, the "New ERA" sponsored by Representative Carolyn B. Maloney, added an additional sentence to the original text: "Women shall have equal rights in the United States and every place subject to its jurisdiction."
In 2013, the Library of Congress's Congressional Research Service issued a report saying that ratification deadlines are a political question.
On January 6, 2014, House Memorial No. 7 was officially received by the U.S. Senate, designated as "POM-175", and referred to the Senate's Committee on the Judiciary.
On March 22, 2017, the Nevada Legislature became the first state in 40 years to ratify the ERA.
In April 2018, Illinois Senate ratified the ERA with a 43-12 vote.
Illinois state lawmakers ratified the ERA on May 30, 2018, with a 72–45 vote in the Illinois House following a 43–12 vote in the Illinois Senate in April 2018.
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.
On April 30, 2019, the Subcommittee on the Constitution, Civil Rights, and Civil Liberties heard testimony on the amendment and extension of the deadline.
On November 8, 2019, Representative Jackie Speier re-introduced the bill as H.J.Res. 79 to attempt to remove the deadline to ratify the amendment with 214 co-sponsors.
On December 16, 2019, Alabama, Louisiana, and South Dakota sued to prevent further ratification of the Equal Rights Amendment, arguing that the ratification process was illegal.
On January 6, 2020, the Department of Justice's Office of Legal Counsel issued an opinion stating that Congress had the constitutional authority to impose a deadline on the ERA's ratification and that the ERA Resolution is no longer pending before the States, because the deadline has expired.
On January 7, 2020, Equal Means Equal, The Yellow Roses and Katherine Weitbrecht filed a complaint against the Archivist of the United States, seeking to have him count the three most recently ratifying states and certify the ERA.
On January 15, 2020, the Virginia Senate voted 26–14 to approve the amendment and forward it to the House of Delegates.
On February 13, 2020, the House passed H.J. Res. 79 by a vote of 232–183. The bill then expired without Senate action.
In February 2020, Ruth Bader Ginsburg noted the challenge that "if you count a latecomer on the plus side, how can you disregard states that said 'we've changed our minds?'" at Georgetown University.
On February 27, 2020, Alabama, Louisiana, and South Dakota entered into a joint stipulation and voluntary dismissal with the Archivist of the United States, incorporating the DOJ'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, 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 complaint, ruling that the plaintiffs did not have standing to sue.
On August 21, 2020, the plaintiffs appealed the decision to dismiss their complaint to the United States Court of Appeals for the First Circuit.
On September 2, 2020, the plaintiffs asked the Supreme Court to hear their case regarding the certification of the ERA.
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 ruled that the ratification period for the ERA "expired long ago" and that three states' recent ratifications came too late.
On March 17, 2021, the House passed a joint resolution (H.J.Res. 17) to remove the deadline for ratification by a 222–204 vote. The companion bill failed, however, as the Senate took no action on it.
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, the North Dakota resolution clarifying its ERA ratification 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 that the ratification period had expired 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 was denied.
In February 2022, Virginia withdrew from the lawsuit.
On September 28, 2022, oral arguments were held before a panel of judges Wilkins, Rao and Childs.
On February 28, 2023, the panel 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 as the 28th Amendment.
On June 23, 2023, Vikram Valame filed a complaint against the Selective Service System, arguing that the ERA had been validly ratified and that Congress's deadline was unconstitutional.
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, ruling that "no 28th Amendment appears in the Constitution." Valame filed a notice of appeal to the Ninth Circuit Court of Appeals on the same day.
In February 2024, the American Bar Association (ABA) passed resolution 601, supporting implementation of the ERA, urging that a deadline for ratification of an amendment is not consistent with Article V of the Constitution and that 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 President Joe Biden, arguing that the ERA had been successfully ratified and urging him to direct the Archivist to certify it as part of the Constitution.
On January 17, 2025, President Biden declared that the Equal Rights Amendment was the law of the land. However, the National Archives does not intend to certify the amendment as part of the Constitution.