[73], Among those rejecting Congress's claim to even hold authority to extend a previously established ratification deadline, the South Dakota Legislature adopted Senate Joint Resolution No. [193] The resolution had 56 cosponsors. Groups as varied as the Ladies Auxiliary of the Veterans of Foreign Wars and the American Association of University Women endorsed ratification. As of April 30, 2019, the resolution had 188 co-sponsors, including Republicans Tom Reed of New York and Brian Fitzpatrick of Pennsylvania. . [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. ERA bills have also been introduced in the legislatures of Arizona, Florida, North Carolina, Utah, and Virginia. If they have, congratulations! "[100], In the context of this judicial precedent, nonpartisan counsel to a Nevada state legislative committee concluded in 2017 that "If three more states sent their ratification to the appropriate federal official, it would then be up to Congress to determine whether a sufficient number of states have ratified the Equal Rights Amendment. 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. 208 took place in the mid-to-late afternoon in Washington, D.C., when it was still midday in Hawaii. The association assumed that passage of the new Family Code, which included these and related proposals, would prevent the need for a constitutional amendment. The Equal Rights Amendment was written by Alice Paul (1885-1977), the founder of the National Woman's Party.. Born to a New Jersey family of Quakers who highly valued education, Paul studied at colleges and universities in the U.S. and the United Kingdom and earned an impressive number of degrees, including a Master's and doctorate in sociology from the University of Pennsylvania, a law . The resolution, therefore, died in committee when the 112th Congress ended in January 2013. This play gets her life's work right", "The History Behind the Equal Rights Amendment", "Wanna Save Roe v. Wade? Even if Florida had ratified the ERA, the proposed amendment would still have fallen short of the required 38. When the 115th Congress adjourned, however, bills introduced but not enacted expired. The only period when the ERA was not introduced was immediately after Congress proposed and sent it to the states in 1972. Steinem blamed the insurance industry and said Schlafly "did not change one vote. A total of 56 joint resolutions for proposing the ERA introduced between the 92nd and 102nd Congresses included a ratification deadline. "Section 3. 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. It firmly rejects sharp legislative lines between the sexes as constitutionally tolerable. [25] The opposition to the ERA was led by Mary Anderson and the Women's Bureau beginning in 1923. They took homemade bread, jams, and apple pies to the state legislators, with the slogans, "Preserve us from a Congressional jam; Vote against the ERA sham" and "I am for Mom and apple pie. On June 4, the U.S. Senate passed the "Susan B. Anthony" amendment, which stipulated that if three-fourths of the states ratified the amendment, women would have the vote . The Texas House and Texas Senate were run by Democrats at the time. 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. This entry belongs to the following Handbook Special Projects: We are a community-supported, non-profit organization and we humbly ask for your support because the careful and accurate recording of our history has never been more important. At its 1957 convention, the Texas federation accepted Tobolowsky's offer to document the need for the amendment and pledged to fund efforts for its passage. Protest and opposition for the Equal Rights Amendment raged between 1972 and 1982. Learn more about the history of the Equal Rights Amendment here. They create a baseless distinction between ratification deadlines that appear in an amendments text and in a joint resolutions proposing clause. [139], Many Republican women supported the ERA including Florence Dwyer, Jill Ruckelshaus, Mary Dent Crisp, Justice Sandra Day O'Connor, First Lady Betty Ford and Senator Margaret Chase Smith. 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. In the following decades, women marched, protested, lobbied, and even went to jail. Proponents assert it would end legal distinctions between men and women in matters of divorce, property, employment, and other matters. In May 1979, shortly after the original ratification deadline passed, the states of Idaho, which had rescinded its ratification, and Arizona, which had rejected ratification, filed suit in federal court. The constitutional amendment process, therefore, has two stages: proposal and ratification. As such, these decisions provide no support for ratifying an amendment after its ratification deadline has passed.REF. [6] Many labor feminists also opposed the ERA on the basis that it would eliminate protections for women in labor law, though over time more and more unions and labor feminist leaders turned toward supporting it. These proponents state that Congress can remove the ERA's ratification deadline despite the deadline having expired, allowing the states again to ratify it. | The 1940 Republican Party presidential platform endorsed the ERA, followed by the Democrats four years later.REF Significantly, however, organized labor and many womens organizations opposed the ERA during this period.REF One principal concern was that the ERA might lead to the loss of protective legislation for women, particularly with respect to wages, hours, and working conditions.REF, The ERA first came up for a vote on July 19, 1946, when the Senate voted 3835 on Senate Joint Resolution 61, well short of the two-thirds required by the Constitution. Ballotpedia features 393,618 encyclopedic articles written and curated by our professional staff of editors, writers, and researchers. Sherilyn Brandenstein, The Hayden rider added a sentence to the ERA to keep special protections for women: "The provisions of this article shall not be construed to impair any rights, benefits, or exemptions now or hereafter conferred by law upon persons of the female sex." Because thirty-eight states failed to ratify the amendment by March 31, 1979 the South Dakota Legislature rescinded its ratification of the ERA. [130] While at a discussion at Georgetown University in February 2020, 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? Five state legislatures (Idaho, Kentucky, Nebraska, Tennessee, and South Dakota) voted to revoke their ERA ratifications. The Hawaii Senate and House of Representatives voted their approval shortly after noon Hawaii Standard Time.[57][58]. If ERA advocates are correct that it is, then additional states may ratify it. [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. Article V of the U.S. Constitution provides for two methods of proposing amendments. In her address, she claimed that sex discrimination had become widespread and that the ERA would remedy it. 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. Elections in 2023 | This strategy, along with new women legislators' assistance, paid off. Joint Resolution of March 22, 1972, 86 STAT 1523, Proposing an Amendment to the Constitution of the United States Relative to Equal Rights for Men and Women, 3/22/1972. 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. 38) to again attempt to remove the deadline to ratify the amendment. Most of these provisions mirror the broad language of the ERA, while the wording in others resembles the Equal Protection Clause of the Fourteenth Amendment. 1, introduced by Senator Ben Cardin, was co-sponsored by all members of the Senate Democratic Caucus and Republicans Lisa Murkowski and Susan Collins. Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress: "Section 1. 208, which was adopted by the House on October 12, 1971, with a vote of 354 yeas (For), 24 nays (Against) and 51 not voting. 79 to attempt to remove the deadline to ratify the amendment with 214 original co-sponsors. The Court said no. The House voted to remove those amendments and approved the ERA by a vote of 35224 on October 12, 1972.REF The Senate Judiciary Committee reported the unamended language on March 14, 1972, and the full Senate approved it by a vote of 848 on March 22, 1972. 29), Idaho (February 8, 1977: House Concurrent Resolution No. Phyllis Schlafly was a key player in the defeat. It was the location of the Texas State Fair. Three-fourths of the states needed to then agree to ratify it as a constitutional amendment, but it failed by a margin of three. Contemporary efforts to make the ERA part of the Constitution fall into two categories. We believe thatcongressional promulgation is neither required by Article V nor consistent with constitutional practice.REF, Third, like the Supreme Courts observations about contemporaneous consensus or reasonableness, any suggestion of post-ratification promulgation by Congress was dictum. Chicago . the Twenty-seventh amendment. Advocates began that effort in 1995, nearly two decades before any Member of Congress had taken a single step to amend or repeal the 1972 ERAs ratification deadline. State-Level Equal Rights Amendments. When Congress also imposes a ratification deadline, it appears in the same location as the designation. In 1983, the Texas Women's Political Caucus reported that the Legislative Council had evaluated and revised Texas laws concerning human resources, natural resources, penal procedures, probate and tax policies, and some aspects of family relations to meet federal and state requirements, including the Texas ERA. Because the proposing clause is merely legislative, they argue, the time limit can be changed if Congress exercises its power to adjust, amend, or extend its own legislative action with new legislative action.REF This claim does not, as others do, ignore the distinction between proposed amendments that lack a ratification deadline and those that have one. Revivification opponents caution ERA supporters against an overly broad interpretation of Coleman v. Miller, which, they argue, may have been be [sic] a politically influenced decision.[172]. [195], On February 24, 2013, the New Mexico House of Representatives adopted House Memorial No. During this disputed extension of slightly more than three years, no additional states ratified or rescinded. 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. Senator Cardin was joined by seventeen other senators who cosponsored the Senate Joint Resolution. Eventually, this resulted in feminist dissatisfaction with the Republican Party, giving the Democrats a new source of strength that when combined with overwhelming minority support, helped elect Bill Clinton to the presidency in 1992 and again in 1996. "[104], South Dakota Attorney General Jason Ravnsborg stated in a press release:[105]. was sent to the states for. For these reasons, the U.S. Department of Justices Office of Legal Counsel (OLC) concluded that Dillons discussionwas merely a dictum.REF, While the Courts comment in Dillon about ratification being sufficiently contemporaneous is irrelevant because, as dictum, it is not legal binding precedent, Colemans treatment of this issue is irrelevant for a different reason. The 91st Congress, however, ended before the joint resolution could progress any further. On March 22, 1972, the Senate passed the Equal Rights Amendment to the United States Constitution, which proposed banning discrimination based on sex. *Five states have voted to rescind or otherwise withdraw their ratification of the ERA. [110] On August 6, 2020, Judge Denise Casper granted the Archivist's motion to dismiss, 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. The commission did, though, help win passage of the Equal Pay Act of 1963, which banned sex discrimination in wages in a number of professions (it would later be amended in the early 1970s to include the professions that it initially excluded) and secured an executive order from Kennedy eliminating sex discrimination in the civil service. [191], The "New ERA" introduced in 2013, sponsored by Representative Carolyn B. Maloney, adds an additional sentence to the original text: "Women shall have equal rights in the United States and every place subject to its jurisdiction. This text became Section 1 of the version passed by Congress in 1972. The length of time between a constitutional amendments proposal by Congress and ratification by the states, therefore, is relevant only when a ratification deadline has not been fixed in advance., The Supreme Courts decisions in Dillon and Coleman, therefore, do not address the central issue raised by the current campaign to ratify the 1972 ERA. On August 10, 1970, she gave a speech on the ERA called "For the Equal Rights Amendment" in Washington, D.C. 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. 2 on March 1, 1979. Similarly, neither House nor Senate debates on the twenty-third, twenty-fourth, twenty-fifth, or twenty-sixth amendments observed the fact that the seven-year limitation had shifted to the resolving clause.REF Congress saw no significance whatsoever in the location of a ratification deadline. 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. States were given seven years to ratify, then the deadline was extended to 1982. That strategy does not involve Congress adjusting, amending, or extending that ratification deadline, but urges states to ignore it altogether. Ratification resolutions have also been defeated in Arizona, Arkansas,[85] and Mississippi.[86][87][88]. The next year, the introduction of the federal equal rights amendment in Congress gave the state measure greater credibility. Leading the Stop ERA campaign, Schlafly defended traditional gender roles and would often attempt to incite feminists by opening her speeches with lines such as, "I'd like to thank my husband for letting me be here tonightI always like to say that, because it makes the libs so mad. In other words, the case was moot because, in effect, the 1972 ERA was no longer pending before the states.REF, According to ERA advocates, one state has issued a formal opinion concerning the validity of the ERA in light of its expired time limit.REF Walter S. Felton Jr., Virginias Deputy Attorney General, opined in 1994 that the ERA was not currently before the states for ratification because its original and extended time limits had expired.REF, There was no confusion when the 1972 ERA was proposed that its ratification deadline was binding.REF Except for ERA advocates involved in the current ratification effort, there does not seem to be any confusion today. 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. -- Senate Vote #533 -- Mar 22, 1972", "The Art of Leadership: A Companion to an Exhibition from the Senatorial Papers of Birch Bayh, United States Senator from Indiana, 19631980", "H.J. 10. Those 24 words, written by Alice Paul in 1922, have provoked a nearly century long debate in the U.S. Congress. 7 asking that the congressionally imposed deadline for ERA ratification be removed. When the Texas Legislature met in 1969, the proposed Texas Equal Rights Amendment received ready support in the Senate. [1][2], Election results via: Legislative Reference Library of Texas. 638, by Representative Elizabeth Holtzman of New York (House: August; Senate: October 6; signing of the President: October 20), which purported to extend the ERA's ratification deadline to June 30, 1982. Its supporters claim that it would eliminate legal inequalities between men and women in divorce . The Madison Amendment was pending indefinitely because it had no ratification deadline, while the 1972 ERA not only had a deadline, but that deadline, even after one extension, passed in June 1982. [153] The most prominent opponent of the ERA was Schlafly. Since formulation of the "three-state strategy" for ratification in 1994, ERA bills have been introduced in subsequent years in one or more legislative sessions in ten of the unratified states (Arizona, Arkansas, Florida, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, Utah, and Virginia). [160], The John Birch Society and its members organized opposition to the ERA in multiple states. Congress approved the Equal Rights Amendment in 1972. 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. 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. In Dillon v. Gloss,REF Dillon was arrested for violating the Volstead Act and challenged the 18th Amendment, which imposed Prohibition. Hurry, Early Registration for the 2023 Annual Meeting in El Paso ends soon. 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. Congress, however, has no role in determining whether an amendment has been ratified, and no congressional action is necessary for a ratified amendment to become part of the Constitution. Please contact your state legislators and urge them to support the Equal Rights Amendment, and bring it to the floor for a vote. [38] When Kennedy was elected, he made Esther Peterson the highest-ranking woman in his administration as an assistant secretary of labor. However, Gus Mutscher, the new speaker of the House, refused to let it out of committee. 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. "[106] The OLC argued in part that Congress had the authority to impose a deadline for the ERA and that it did not have the authority to retroactively extend the deadline once it had expired. Section 107 related to Copyright and Fair Use for Non-Profit educational institutions, which permits the Texas State Historical Association (TSHA), to utilize copyrighted materials to further scholarship, education, and inform the public. [34], On March 22, 1972, the ERA was placed before the state legislatures, with a seven-year deadline to acquire ratification by three-fourths (38) of the state legislatures. 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. Varied as the Ladies Auxiliary of the House, refused to let it out committee. Most prominent opponent of the version passed by Congress in 1972 ERA part of the federal Equal Rights,. Senators who cosponsored the Senate after Congress proposed and sent it to the ERA women legislators ' assistance, off... 2013, the proposed Texas Equal Rights amendment here the designation stated in a joint for... 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