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There’s renewed excitement about the Equal Rights Amendment, but where it stands now in the modern day is a bit confusing.
We’re closer now than we’ve ever been to ratifying it— but what *exactly* does that mean?
A thread
We’re closer now than we’ve ever been to ratifying it— but what *exactly* does that mean?
A thread
The ERA was 1st introduced in Congress in 1923 by Susan B. Anthony’s nephew, Rep. Daniel Read Anthony Jr. of Kansas.
The ERA was introduced every Congress 1923 to 1972 when, thanks to the power of the women’s movement & hard work of female legislators, it passed by 354 to 24 in the House & 84 to 8 in the Senate.
It was immediately ratified by 22 of the necessary 38 states that 1st year.
It was immediately ratified by 22 of the necessary 38 states that 1st year.
Due to a ramping up of anti-feminism in the South & other conservative states as part of an effort to politicize Evangelicals & other conservative religious groups, the movement AGAINST the ERA increased AFTER it had passed w support on both sides of the aisle in Congress.
In 1978 (still 3 states short of ratification) Congress extended the initial 7 year deadline they had tacked on to the ERA when it passed in 1973.
Jimmy Carter signed it to show his support, even though his signature wasn’t technically required.
Jimmy Carter signed it to show his support, even though his signature wasn’t technically required.
The extended ERA deadline yielded NO additional states & the extended 1982 deadline expired & the ERA *still* fell 3 states short.
You can see the Southern strategy was successful by the states that did NOT ratify
You can see the Southern strategy was successful by the states that did NOT ratify
W the renewed energy of the women's movement after Trump's election in 2016— three additional states have ratified in the modern day.
Nevada in 2017
Illinois in 2018
Virginia in 2020
This was due to the hard work of 1,000s of women who never gave up on Constitutional equality.
Nevada in 2017
Illinois in 2018
Virginia in 2020
This was due to the hard work of 1,000s of women who never gave up on Constitutional equality.
We got the last 3 states. That's it, right?
Well, that's what the Attorneys General of Nevada, Illinois & Virginia think.
They say that their ratifications count & the ERA IS ALREADY properly ratified as of Jan 27th, 2020.
So, they filed a lawsuit: https://voteequality.us/faq/virginia-v-ferriero/
Well, that's what the Attorneys General of Nevada, Illinois & Virginia think.
They say that their ratifications count & the ERA IS ALREADY properly ratified as of Jan 27th, 2020.
So, they filed a lawsuit: https://voteequality.us/faq/virginia-v-ferriero/
Other states (& the Trump Administration Department of Justice) argued that when the deadline passed in 1982, the ERA died & it cannot be resurrected.
They say to be ratified, the Amendment would have to go through the ENTIRE process ALL OVER AGAIN. https://www.justice.gov/olc/opinion/ratification-equal-rights-amendment
They say to be ratified, the Amendment would have to go through the ENTIRE process ALL OVER AGAIN. https://www.justice.gov/olc/opinion/ratification-equal-rights-amendment
So, today there are potentially 3 ways to get this sucker into the Constitution once & for all.
1) Have Biden instruct the National Archivist to do his job & certify the ratifications & publish new constitutions w the ERA in them as the 28th Amendment https://maloney.house.gov/media-center/press-releases/maloney-calls-on-biden-administration-to-certify-equal-rights-amendment
1) Have Biden instruct the National Archivist to do his job & certify the ratifications & publish new constitutions w the ERA in them as the 28th Amendment https://maloney.house.gov/media-center/press-releases/maloney-calls-on-biden-administration-to-certify-equal-rights-amendment
2) Have Congress eliminate the initial deadline (since they put it in, they can take it out).
The House passed a bill in Feb 2020 to eliminate the ERA deadline & I was lucky enough to be there.
There is another bill to do so THIS Congress & also one in the Senate.
The House passed a bill in Feb 2020 to eliminate the ERA deadline & I was lucky enough to be there.
There is another bill to do so THIS Congress & also one in the Senate.
The Senate bill to eliminate the ERA deadline is bipartisan, but getting over the 60-vote filibuster threshold may prove impossible.
Keep in mind in 1972— 84 Senators voted FOR— the Equal Rights Amendment & in 2021 we're worried we can't even get 60. https://www.newsweek.com/gop-senator-backs-legislation-ratify-era-now-after-mcconnell-blocked-senate-vote-1563853
Keep in mind in 1972— 84 Senators voted FOR— the Equal Rights Amendment & in 2021 we're worried we can't even get 60. https://www.newsweek.com/gop-senator-backs-legislation-ratify-era-now-after-mcconnell-blocked-senate-vote-1563853
3) Pass a resolution in Congress declaring the ERA the 28th Amendment.
That's what Congress did w the 27th Amendment in 1992, which was ratified 203 years after it was 1st introduced by James Madison.
Here's an entire @OrdEquality about it: https://podcasts.apple.com/us/podcast/the-a-amendment/id1492330633?i=1000468658172
That's what Congress did w the 27th Amendment in 1992, which was ratified 203 years after it was 1st introduced by James Madison.
Here's an entire @OrdEquality about it: https://podcasts.apple.com/us/podcast/the-a-amendment/id1492330633?i=1000468658172
Article 5 of the U.S. Constitution describes how to edit (amend) it. There are ONLY roles for Congress & the states legislatures.
There's NO ROLE for the courts or the executive branch in Article 5.
The people who get to change the constitution are elected, not appointed.
There's NO ROLE for the courts or the executive branch in Article 5.
The people who get to change the constitution are elected, not appointed.
Yes, the issues surrounding ERA ratification will likely rise to the Supreme Court (for example, 5 states attempted to rescind their ratifications in the 1970s), but AGAIN— according to the U.S. Constitution itself— there is NO ROLE FOR THE COURT in the process.
Period.
Period.
The reason many are saying we're "close" to ratifying (or have) is any of these potential solutions could do the trick & the ERA *could* be in the Constitution soon.
But, there's no exact precedent for this (amendment ratified after deadline), so no one's sure how it'll go down.
But, there's no exact precedent for this (amendment ratified after deadline), so no one's sure how it'll go down.
Let me know if you have any ERA-related questions!
