Was the ERA ever passed?

[Buttoneer]

I see ads on FB from "The Women's March"



https://pressley.house.gov/2023/03/28/pressley-bush-launch-first-ever-congressional-equal-rights-amendment-caucus/#:~:text=On%20March%2022%2C%201972%2C%20Congress,level%20Equal%20Rights%20Amendments%20today.

https://pressley.house.gov/2024/01/31/pressley-house-colleagues-statement-on-one-year-anniversary-of-era-resolution-introduction/

[The Wandering Harper]

1. no

https://www.americanprogress.org/article/what-comes-next-for-the-equal-rights-amendment/

[Ocelot II]

2. Nope. It was first introduced in 1923.

More than 100 years later this country still can't bring itself to guarantee women's rights in the Constitution. No wonder we can't elect a woman president.

[Hekate]

3. Nope

[wendyb-NC]

4. No, unfortunately

[Hope22]

5. Am I remembering correctly...

…that when the last state necessary passed the ERA ……we were told that it took too long. Start over ladies……….

[DetroitLegalBeagle]

7. Yes

Congress set a ratification deadline, which has long expired. 5 or 6 states also rescinded their ratification. Both the deadline and rescinded ratifications are controversial. The Constitution is silent as to whether the deadline is valid and whether a state can rescind their ratification. But that's mainly an academic debate at this point. The ERA is dead.

[Hope22]

8. That is so messed up!

And now women are at the bottom of the barrel in this country. Don’t get me wrong there’s a lot of people in the barrel but more than half of them are female and it’s not looking good! So surreal to be alive in these times.

[TheProle]

18. Informative post. Thank you.

[Rhiannon12866]

6. I remember when it was on the ballot, it was one of my very first votes

[TheBlackAdder]

9. No. Acts or Laws were enabled to grant some of the rights and took the pressure off of passage.

With a solid 45% of women voting paternalistic, and the opposition by a lot of men, it's passage is challenging.

[Meowmee]

10. I thought no but now I am not sure after finding this

Some seem to think it is now part of the constitution

https://www.equalrightsamendment.org/faq#:~:text=Constitutional%20scholars%20and%20ERA%20advocates,as%20of%20January%2027%2C%202020.

[no_hypocrisy]

11. When women were told, "You don't need the ERA anymore. You have

rights in the workplace, in the government, in finances, law, etc.", I didn't buy it for a minute.

I suspected and still suspect these rights can be decimated, if not altogether rescinded.

Though, even if the ERA were enshrined in The Constitution, wouldn't that be one more Amendment to be ignored?

[proud patriot]

12. Virgina became the 38th state to ratify the ERA

All Joe has to do is request the archivist to put it in the federal registry and publish it
which would cement it into the Constitution .

per Randi Rhodes today ..

We really need to tell Joe to do this .

Top priority

[maxsolomon]

13. What's your workaround for the missed deadline

and the rescinded ratifications? Ignore them?

[proud patriot]

14. I would suggest asking Randi Rhodes

[maxsolomon]

15. Yeah I'll get right on that.

I didn't know she was still alive.

[proud patriot]

16. you should listen to her

Congress sets a deadline
Congress has set a seven-year deadline for most proposed amendments since the 18th Amendment in 1917. However, the 19th Amendment, which recognized women's suffrage, did not have a time limit.

The Constitution doesn't explicitly state a time limit
The Constitution itself doesn't explicitly state a time limit for ratification. However, the Court has suggested that the amending process "strongly suggest[s]" that proposed amendments aren't open to ratification indefinitely.

Congress can re-open the ratification window
Congress can re-open the ratification window if it chooses. For example, the 27th Amendment was submitted to the states for ratification in 1789, but it wasn't ratified until 1992.

To take effect, an amendment must be ratified by three-fourths of the states. The Office of the Federal Register at the National Archives keeps the official count of state actions. Legislatures must return specific materials to show proof of ratification.

[maxsolomon]

19. THIS Congress would never re-open. The next Congress would never re-open.

I'd love to see Biden try, but it would be a Hail Mary pass. The time was 2021-2022.

Sorry to be a cynic. I blame watching American politics my entire adult life.

[proud patriot]

17. also virginia ratified it in 2020

would seem to fall under a 7 year deadline to me .

[Polybius]

21. 1982 was their limit

You can't extend something after the deadline expires.

[tritsofme]

22. It's not even clear the extension was ever valid, Congress did not pass the extension with a supermajority vote.

[Polybius]

20. And when the 117th Congress removed the date, two years later the Senate did

It is not permissible to adopt a resolution in the House during one congressional term (117th) and subsequently enact it in the Senate in a later term under a different Congress (118th).

[republianmushroom]

23. ...the ERA as an amendment to the Constitution was blocked by the Trump administration.

Article V of the U.S. Constitution sets out two requirements for amendments, and the ERA has met both: approval by two-thirds of both chambers of Congress (the U.S. House approved the ERA in 1971 with a bipartisan vote of 354–24, and the Senate approved the ERA the following year by another bipartisan vote of 84-8) and ratification by three-fourths of the states (Virginia became the 38th state to ratify the ERA in January 2020). But despite achieving all of the requirements, recognition of the ERA as an amendment to the Constitution was blocked by the Trump administration.

“Our resolution will help address centuries of gender disparities in America by removing the unnecessary barriers that have prevented us from enshrining the dignity, humanity and equality of all people into our Constitution,” said Pressley. “We as women have done our job, the states have done their job, and now it’s time for Congress to do its job and pass this resolution.”

https://www.cardin.senate.gov/news/the-era-has-been-ratified-declares-new-congressional-resolution/