WHEREAS, the Equal Rights Amendment (ERA) was first passed by Congress in 1972 and was sent to the states for ratification; and. That August, over 20,000 American women held a nationwide Women's Strike for Equality protest to demand full social, economic, and political equality. 29), Idaho (February 8, 1977: House Concurrent Resolution No. By the next legislative session the B&PW had coordinated a campaign of national media interviews, speaking engagements in Texas, and coalitions with influential women's groups. In California, the 1972 campaign to ratify the Equal Rights Amendment (ERA) to the U.S. Constitution pitted amendment supporters against labor leaders trying to protect women-only protective labor laws. 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. When that deadline passes without ratification by three-fourths of the states, the proposed amendment expires and is no longer pending. For that same reason, however, the district courts analysis remains uncontradicted and available for consideration and persuasion. [48] In 1970, congressional hearings began on the ERA. 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 creation of a third steppromulgation by Congresshas no foundation in the text of the Constitution.REF Similarly, Professor Grover Rees writes that this theory is no more defensible than to find a third house of Congress hidden cleverly in the interstices of the constitutional language vesting all legislative power in a House and a Senate.REF, Similarly, the OLC concluded that a proposed amendment becomes part of the Constitution when proposed by the requisite majorities of both house of Congress, and has been ratified by the legislatures of three-fourths of the States.REF The OLC opinion rejected the proposition that Congressmay determine whether an amendment has been constitutionally adopted. The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would guarantee equal legal rights for all American citizens, regardless of sex. The Equal Rights Amendment and Utah From the 1960s through the 1980s, proponents of the Equal Rights Amendment (ERA) were seeking ratification in each state throughout the United States. The resolution must be adopted by a vote of at least two-thirds of the membership of each house of the legislature. States may still ratify the 1972 ERA only if it remains pending before the states. All rights reserved. U.S. President | Congress first proposed 12 amendments on September 25, 1789, and the states ratified 10 of them, known collectively as the Bill of Rights, on December 15, 1791.REF The states have ratified 26 of the 27 amendments in an average of 20 months.REF The 27th, also known as the Madison Amendment, was ratified on May 7, 1992, nearly 203 years after Congress proposed it. 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? As this Legal Memorandum will explain, advocates who claim that the 1972 ERA can still be ratified make four errors. Senator Cardin was joined by seventeen other senators who cosponsored the Senate Joint Resolution. 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. The first constitutional amendment with a ratification deadline, the 18th Amendment, proposed in 1917, placed it in the amendments text. Chicago . By August of 1920, 36 states (including Texas) approved the amendment and it became part of the United States Constitution. These provisions were broadly written to ensure political and civil equality between women and men. In the House of Representatives, Carolyn Maloney (D-New York) has sponsored it since the 105th Congress,[187] most recently in August 2013. Beginning in the mid-1990s, ERA supporters began an effort to win ratification of the ERA by the legislatures of states that did not ratify it between 1972 and 1982. First proposed by the. Hawaii became the first state to ratify the ERA, which it did on the same day the amendment was approved by Congress: The U.S. Senate's vote on H.J.Res. [133], The National Organization for Women (NOW) and ERAmerica, a coalition of almost 80 organizations, led the pro-ERA efforts. 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. 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. [34] The main support base for the ERA until the late 1960s was among middle class Republican women. It did not come to a vote in either chamber. The Archivist then certifies a proclamation, published in the Federal Register, that the amendment is part of the Constitution.REF The Archivists certification is based on facial legal sufficiency rather than substantive determinations as to the validity of State ratification actions.REF The certification serves as official notice to the Congress and to the Nation that the amendment process has been completed.REF, The plain language of Article V gives Congress authority to propose amendments and specify their mode of ratification. The Equal Rights Amendment was a proposed 27th Amendment to the United States Constitution that passed both the United States Senate and the House of Representatives. Those 24 words, written by Alice Paul in 1922, have provoked a nearly century long debate in the U.S. Congress. In order to be added to the Constitution, it needed approval by legislatures in three-fourths (38) of the 50 states. On this Wikipedia the language links are at the top of the page across from the article title. Congress, of course, can conclude anything it wishes, including whether a proposed constitutional amendment has been properly ratified. 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. The ERA can become part of the Constitution only if it is again proposed and is ratified by three-fourths of the states while it is properly pending. Though opponents were marginally more in favor of the ERA with the Hayden rider, supporters of the original ERA believed it negated the amendment's original purposecausing the amendment not to be passed in the House. "[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. Although the Senate approved an unamended version on March 22, 1972, attempts at ratification of the amendment in the state of Utah repeatedly failed. We'll send you a couple of emails per month, filled with fascinating history facts that you can share with your friends. The Supreme Courts general comment in Dillon that a proposed constitutional amendment should not be open to ratification for all timeREF implied that the Constitution itself imposed a ratification deadline. 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. [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? Res. Proponents assert it would end legal distinctions between men and women in matters of divorce, property, employment, and other matters. The petition had the necessary 218 signatures within just nine days, and the House approved the ERA by a vote of 33476 on August 10, 1970. The measure provided that equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin. March 22, 1972. First introduced to Congress in 1923 by suffragist Alice Paul, the proposed 27th Amendment to the U.S . [19], In 1943, Alice Paul further revised the amendment to reflect the wording of the Fifteenth and Nineteenth Amendments. 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. [164][165] Critchlow and Stachecki say the anti-ERA movement was based on strong backing among Southern whites, Evangelical Christians, members of the Church of Jesus Christ of Latter-day Saints, Orthodox Jews, and Roman Catholics, including both men and women. 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. is the last amendment that has been added to the Constitution. Yes, Texas ratified the Equal Rights Amendment (ERA) on March 30th, 1972. [20], As a result, in the 1940s, ERA opponents proposed an alternative, which provided that "no distinctions on the basis of sex shall be made except such as are reasonably justified by differences in physical structure, biological differences, or social function." This is why the CRS was correct to conclude that the 1972 ERA formally died on June 30, 1982.. The Texas Legislature ratified the Equal Rights Amendment during a special session on March 30, 1972. In 2014, under the auspices of ERA Action and their coalition partners, both the Virginia and Illinois state senates voted to ratify the ERA. [75] Constitution Annotated notes that "[f]our states had rescinded their ratifications [of the ERA] and a fifth had declared that its ratification would be void unless the amendment was ratified within the original time limit", with a footnote identifying South Dakota as that "fifth" state. The first involves continued introduction of fresh-start proposals,REF new joint resolutions for proposing the ERA and sending it to the states. They conflate whether Congress can change a ratification deadline before and after that deadline expires. [111] On August 21, 2020, the plaintiffs appealed this decision to the United States Court of Appeals for the First Circuit and on September 2, 2020, the plaintiffs asked the Supreme Court to hear this case. [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. While advocates attempt to draw a close parallel between the Madison Amendment and the 1972 ERA, the most obvious difference between them is the most relevant. Save big when you register early. 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. Drawing a specific parallel with the legislative process can further clarify this point. That year, votes were blocked in both states' House chambers. Addressing the validity of the 1972 ERAs ratification deadline begins by determining whether Congress has authority to set any ratification deadline when it proposes a constitutional amendment.REF Congress has long believed that it does. The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution designed to guarantee equal legal rights for all American citizens regardless of sex. Has your state ratified the ERA? Handbook of Texas Online, 10. On June 18, 1980, a resolution in the Illinois House of Representatives resulted in a vote of 10271 in favor, but Illinois' internal parliamentary rules required a three-fifths majority on constitutional amendments and so the measure failed by five votes. By 1977, the legislatures of 35 states had approved the amendment. Barron, Keller (2022). The joint resolution stipulated that South Dakota's 1973 ERA ratification would be "sunsetted" as of the original deadline, March 22, 1979. The text of the measure can be read here. At various times, in six of the 12 non-ratifying states, one house of the legislature approved the ERA. The Texas Equal Rights Amendment was distinct from the federal ERA. [34] The ERA was strongly opposed by the American Federation of Labor and other labor unions, which feared the amendment would invalidate protective labor legislation for women. In 1978, before that deadline passed, Congress extended it to June 30, 1982.REF When that deadline passed with fewer than the constitutionally required number of state ratifications, the 1972 ERA expired and was no longer pending before the states. Near the end of the 19th century two more states, Wyoming (1890) and Utah (1896), included equal rights provisions in their constitutions. If passed, legal rights would no longer be determined by gender. If, indeed, a state legislature has the ability to rescind, then the ERA actually had ratifications by only 30 statesnot 35when March 22, 1979, arrived. 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. 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. America? [34][56] President Richard Nixon immediately endorsed the ERA's approval upon its passage by the 92nd Congress. If it is not, however, the 1972 ERA cannot be. Texas remains one of only 26 states to have passed its own ERA. "[98][99], In the 1939 case of Coleman v. Miller, the Supreme Court ruled that Congress has the final authority to determine whether, by lapse of time, a proposed constitutional amendment has lost its vitality before being ratified by enough states, and whether state ratifications are effective in light of attempts at subsequent withdrawal. legislatively referred constitutional amendment, https://ballotpedia.org/wiki/index.php?title=Texas_Equal_Rights,_Proposition_7_(1972)&oldid=8530780, Pages using DynamicPageList parser function, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. Fourth, this argument fails again to distinguish between amendments that have no ratification deadline and those that do. Advocates claiming that the 1972 ERA can still be ratified today make several errors, such as failing to distinguish between types of constitutional amendments and misunderstanding congressional authority over the constitutional amendment process. 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. Also included in the tally were North Carolina and South Carolina, states which had originally rejected and later ratified the amendment. The state legislators in battleground states followed public opinion in rejecting the ERA.[156]. https://www.tshaonline.org, https://www.tshaonline.org/handbook/entries/texas-equal-rights-amendment. The Congressional Research Service then issued a report on the "three state strategy" on April 8, 2013, entitled "The Proposed Equal Rights Amendment: Contemporary Ratification Issues",[174] stating that the approach was viable. Congress, they point out, did so when it extended the ERA ratification deadline from March 22, 1979, to June 30, 1982. The resolution, therefore, died in committee when the 112th Congress ended in January 2013. [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. 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. The 1st United States Congress sent the suggested amendment to the states for their approval on September 25, 1789. Special thanks to Perkins Coie for their support in this event in New York City. For women's rights advocates, the ERA was the next logical step following the successful campaign to win access to the ballot through the adoption of the 19th Amendment. [139] One prominent female supporter was New York representative Shirley Chisholm. Article V of the U.S. Constitution provides for two methods of proposing amendments. Because no additional state legislatures ratified the ERA between March 22, 1979, and June 30, 1982, the validity of that disputed extension was rendered academic. 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 code passed in the 1967 session, but the women reintroduced their proposed amendment anyway (see Matrimonial Property Act of 1967). Joint resolutions have the force of law and, in most cases, must be presented to the President for his signature. As of January 2020, the bill had 224 co-sponsors. Representative Griffiths introduced House Joint Resolution 208 when the 92nd Congress convened and, this time, Judiciary Committee Chairman Celler did not block its consideration. The Equal Rights Amendment (ERA) passed Congress in 1972 and was quickly ratified by 35 of the 38 states needed for it to become part of the Constitution. Equal Rights Amendment. [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. That was the last time that the ERA received a floor vote in either house of Congress. By allowing women to keep their existing and future special protections, it was expected that the ERA would be more appealing to its opponents. As laid out in Article 17 of the Texas Constitution, in order for a proposed constitutional amendment to be placed on the ballot, the Texas State Legislature must propose the amendment in a joint resolution of both the Texas State Senate and the Texas House of Representatives. [153] The most prominent opponent of the ERA was Schlafly. [170] Those who espouse the "three-state strategy" (now complete if the Nevada, Illinois and Virginia belated ERA approvals are deemed legitimate) were spurred, at least in part, by the unconventional 202-year-long ratification of the Constitution's Twenty-seventh Amendment (sometimes referred to as the "Madison Amendment") which became part of the Constitution in 1992 after pending before the state legislatures since 1789. It has, for example, imposed a ratification deadline for seven of the amendments that today are part of the Constitution and for the District of Columbia Voting Rights Amendment. In 1972, Idaho was among the first wave of states to ratify the ERA, approving it overwhelmingly. Rather, it ignores the distinction between when a ratification deadline is in the future and when it has already passed. [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. In 1959, they had it introduced in the Texas Senate and House as the Texas Equal Legal Rights Amendment. After 1973, the number of ratifying states slowed to a trickle. [140], By 1976, 60% of African-American women and 63% of African-American men were in favor of the ERA, and 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. 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did texas ratify the equal rights amendment of 1972?