When was equal rights amendment passed

Overview

The Equal Rights Amendment (ERA) was a proposed amendment to the U.S. Constitution aimed at guaranteeing equal legal rights for all American citizens regardless of sex. First introduced in Congress in 1923, it gained momentum during the women’s rights movement of the 1960s and 1970s.

Although passed by Congress in 1972, the ERA fell short of full ratification due to expiring deadlines and political opposition. Its current constitutional status remains a subject of legal and legislative debate.

• March 22, 1972: The U.S. Congress passed the ERA, sending it to the states for ratification with a seven-year deadline.
• By 1977, 35 of the required 38 states had ratified the amendment, falling short of the threshold.
• Congress extended the ratification deadline to June 30, 1982, but no additional states ratified during that period.
• In 2020, Virginia became the 38th state to ratify, though the deadline had long expired.
• The U.S. Archivist has not certified the ERA as part of the Constitution due to unresolved legal questions about deadlines and rescissions.

How It Works

The ERA was designed to enshrine gender equality in the U.S. Constitution, providing a legal foundation for challenging sex-based discrimination. Its text states: 'Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.'

• Text of the ERA: The amendment contains just 24 words, aiming to prohibit sex-based legal distinctions at federal and state levels.
• Ratification Process: Under Article V of the Constitution, amendments require approval by two-thirds of both congressional chambers and three-fourths of state legislatures.
• Deadline Clause: Congress set a 1979 ratification deadline, later extended to 1982, though the Constitution does not specify time limits.
• Rescission Debate: Five states—Idaho, Kentucky, Nebraska, Tennessee, and South Dakota—voted to rescind their ratifications, raising legal uncertainty.
• Modern Revival: In 2017–2020, Nevada, Illinois, and Virginia ratified the ERA, reigniting efforts to remove the deadline via congressional action.
• Legal Challenges: Federal courts have dismissed certification petitions, citing the expired deadline and lack of congressional authority to revive expired amendments.

Comparison at a Glance

Here’s how the ERA compares to other constitutional amendments in terms of passage and ratification timelines:

The ERA stands out due to its prolonged ratification struggle and unresolved legal status. Unlike other amendments, it faced political opposition, state rescissions, and strict deadlines, contributing to its failure to be formally adopted despite recent state actions.

Why It Matters

The ERA remains a symbol of the ongoing fight for gender equality in the U.S. legal system. While some protections exist under the 14th Amendment and federal laws like Title VII, the ERA would provide an explicit constitutional guarantee.

• Without the ERA, sex-based discrimination cases receive intermediate scrutiny rather than the stricter standard applied to race or religion.
• Its passage could strengthen legal challenges to laws that disadvantage women or non-binary individuals in employment, education, and healthcare.
• The ERA could impact military policies, parental leave laws, and reproductive rights jurisprudence.
• Modern advocates argue that the amendment would affirm equality in a changing social and legal landscape.
• Opponents historically claimed it would eliminate gender-specific protections, such as alimony or single-sex institutions.
• As of 2023, congressional resolutions seek to remove the ratification deadline, but no action has been finalized.

Though not yet part of the Constitution, the ERA continues to influence public discourse and legislative efforts toward gender equity in the United States.