did texas ratify the equal rights amendment of 1972?
Dillon argued that the amendment was invalid because Congress had no authority to impose any ratification deadline. First proposed by the. In order to be added to the Constitution, it needed approval by legislatures in three-fourths (38) of the 50 states. Congress shall have power to enforce this article by appropriate legislation. 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. 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. Save big when you register early. Congress shall have power to enforce this article by appropriate legislation.[17]. During this disputed extension of slightly more than three years, no additional states ratified or rescinded. The E.R.A. The joint resolution stipulated that South Dakota's 1973 ERA ratification would be "sunsetted" as of the original deadline, March 22, 1979. Virginia became the 38th state to ratify the Equal Rights Amendment on Wednesday, but Texas beat it to the punch nearly 50 years earlier. | Senators and Representatives not only to introduce legislation in both houses of Congress to remove the ratification deadline, but also in gaining legislative sponsors. Instead, it looks toward a legal system in which each person will be judged on the basis of individual merit and not on the basis of an unalterable trait of birth that bears no necessary relationship to need or ability. They ignore the crucial distinction between proposed constitutional amendments that include a ratification deadline and those that do not. 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. [119] On March 10, 2020, the Plaintiff States (Virginia, Illinois and Nevada) filed a memorandum in opposition to the five states seeking to intervene. [129][34][144][145][146], Opponents of the ERA focused on traditional gender roles, such as how men do the fighting in wartime. The Subcommittee failed to vote on the resolution, and as such, the resolution died in subcommittee when the 112th Congress ended in January 2013. Rather than establish that a ratification deadline in the joint resolutions proposing clause is invalid, ERA advocates make arguments that are relevant, if at all, only to proposed constitutional amendments that have no ratification deadline. The OLC opinion stated on this point that if congressional promulgation is requiredthe executive branch would have illegally certified every [constitutional] amendment except the Fourteenth.REF Congress has no authority to determine whether the 1972 ERA can still become part of the Constitution now that its ratification deadline has expired. March 22, 1972. [38] When Kennedy was elected, he made Esther Peterson the highest-ranking woman in his administration as an assistant secretary of labor. When the Texas Legislature met in 1969, the proposed Texas Equal Rights Amendment received ready support in the Senate. Finally, ERA advocates offer contradictory conclusions regarding congressional promulgation. Article V of the U.S. Constitution provides for two methods of proposing amendments. accessed January 18, 2023, 1107 (1981) | pp1107-11473 | Leagle.com", Memorandum of Gerald P. Carmen, Administrator of General Services, "Minutes, Hearing of the Assembly Committee on Legislative Operations and Elections", "Virginia's hopes of ERA ratification go down in flames this year", "3 states file lawsuit seeking to block ERA ratification", "South Dakota joins Alabama and Louisiana in legal challenge to stop activists from illegally amending the U.S. Constitution", "Ratification of the Equal Rights Amendment", "U.S. Justice Department says Virginia action would come too late to ratify ERA", "Equal Rights Amendment Denied Supreme Court Hearing for Now (1)", "First Circuit Declines to Rehear Equal Rights Amendment Case (1)", "Three Democratic attorneys general sue to have Equal Rights Amendment added to Constitution", "Trump administration asks court to dismiss lawsuit to add ERA to US Constitution", "Federal judge says deadline to ratify ERA 'expired long ago' in setback to advocates' efforts", "Three states ask federal appeals court to count them in ERA ratification", "Virginia's new AG pulls state from effort to recognize ERA ratification", "Ruth Bader Ginsburg says deadline to ratify Equal Rights Amendment has expired: 'I'd like it to start over', "Ruth Bader Ginsburg probably just dealt a fatal blow to the Equal Rights Amendment", Justice Ginsburg calls for renewed effort to pass Equal Rights Amendment, "Who is Jill Ruckelshaus, the Republican Feminist Played by Elizabeth Banks in Mrs. 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. Influential news sources such as Time also supported the cause of the protestors. In the meantime, the ERA ratification movement continued with the resolution being introduced in 10 state legislatures. [16], Paul named this version the Lucretia Mott Amendment, after a female abolitionist who fought for women's rights and attended the First Women's Rights Convention. [135] On June 6, 1982, NOW sponsored marches in states that had not passed the ERA including Florida, Illinois, North Carolina, and Oklahoma. This play gets her life's work right", "The History Behind the Equal Rights Amendment", "Wanna Save Roe v. Wade? On January 15, the Senate voted 2614 to approve the amendment and forward it to the House of Delegates, but it was defeated there in a 5050 tied vote; at the time, the Republican Party held one-seat majorities in both houses. By August of 1920, 36 states (including Texas) approved the amendment and it became part of the United States Constitution. As outlined above, however, Coleman explicitly acknowledged this distinction. On September 25, 1921, the National Womans Party (NWP) announced its plan to seek ratification of an amendment to the U.S. Constitution guaranteeing equal rights for women and men. For that same reason, however, the district courts analysis remains uncontradicted and available for consideration and persuasion. The Texas Legislature ratified the Equal Rights Amendment during a special session on March 30, 1972. An amendment to the Constitution should not be done by procedural nuances decades after the deadline prescribed by Congress, but through an open and transparent process where each State knows the ramifications of its actions. [202] The bill expired without Senate action. The following year, the Civil Rights Act of 1964 banned workplace discrimination not only on the basis of race, religion, and national origin, but also on the basis of sex, thanks to the lobbying of Alice Paul and Coretta Scott King and the political influence of Representative Martha Griffiths of Michigan. However, experts and advocates have acknowledged legal uncertainty about the consequences of the Virginian ratification, due to expired deadlines and five states' revocations. On January 25, 1982, however, the U.S. Supreme Court stayed the lower court's decision. Discussion about whether to place a ratification deadline instead in the joint resolutions proposing clause began in 1932, when the House considered what would become the 20th Amendment.REF One reason suggested for the change was to avoid unnecessary cluttering up of the Constitution.REF. [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. Several states crafted and adopted their own equal rights amendments during the 1970s and 1980s, while the ERA was before the states, or afterward. . In 1972, Idaho was among the first wave of states to ratify the ERA, approving it overwhelmingly. 47) to remove the congressionally imposed deadline for ratification of the Equal Rights Amendment. Why did the Equal Rights Amendment of 1972 fail? 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. If they have, congratulations! Twenty-five states have adopted constitutions or constitutional amendments providing that equal rights under the law shall not be denied because of sex. The Equal Rights Amendment was conceptually simple; it would grant Congress the ability to enforce legal equality between men and women via an amendment to the constitution. [59] On July 9, 1978, NOW and other organizations hosted a national march in Washington, D.C., which garnered over 100,000 supporters, and was followed by a Lobby Day on July 10. The Hawaii Senate and House of Representatives voted their approval shortly after noon Hawaii Standard Time.[57][58]. See Virginia Attorney General Opinion Letter, supra, at 4. First, ERA advocates want to ignore the district courts decision because the Supreme Court vacated it without offering a substantive decision of its own. [33], The Republican Party included support of the ERA in its platform beginning in 1940, renewing the plank every four years until 1980. Texas State Historical Association (TSHA), http://www.law.cornell.edu/uscode/17/107.shtml. No political, civil, or legal disabilities or inequalities on account of sex or on account of marriage, unless applying equally to both sexes, shall exist within the United States or any territory subject to the jurisdiction thereof. States may still ratify the 1972 ERA only if it remains pending before the states. The first constitutional amendment with a ratification deadline, the 18th Amendment, proposed in 1917, placed it in the amendments text. | During the 65th Session of the Texas Legislature held January to June of 1977, bills were introduced in the House and Senate to recall Texas's ratification of the national Equal Rights Amendment. On January 6, 2020, the Department of Justice Office of Legal Counsel official Steven Engel issued an opinion in response to the lawsuit by Alabama, Louisiana, and South Dakota, stating that "We conclude that Congress had the constitutional authority to impose a deadline on the ratification of the ERA and, because that deadline has expired, the ERA Resolution is no longer pending before the States. Texas voters endorsed the state equal rights amendment in November 1972. 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. The lieutenant governor of Kentucky, Thelma Stovall, who was acting as governor in the governor's absence, vetoed the rescinding resolution. Res. It would be a disservice to the citizens of South Dakota to ignore this obligation of my office. [177], Illinois lawmakers and citizens took another look at the ERA, with hearings, testimony, and research including work by the law firm Winston & Strawn to address common legal questions about the ERA. The Equal Rights Amendment was passed by Congress on March 22, 1972 and sent to the states for ratification. The other two unratified amendments had ratification deadlines. Neither the House nor the Senate has voted on a resolution to propose the ERA in more than three decades. 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. [7] Since 1978, attempts have been made in Congress to extend or remove the deadline. [8][9] In 2017, Nevada became the first state to ratify the ERA after the expiration of both deadlines,[10] and Illinois followed in 2018. In Texas, activism for woman suffrage surged and waned several times during the state's history. From 1913-1917, the fair also featured a Suffrage Day when local suffragists would gather and promote womens voting rights. If ERA advocates are correct that it is, then additional states may ratify it. At various times, in six of the 12 non-ratifying states, one house of the legislature approved the ERA. [136] Key feminists of the time, such as Gloria Steinem, spoke out in favor of the ERA, arguing that ERA opposition was based on gender myths that overemphasized difference and ignored evidence of unequal treatment between men and women. Meanwhile, Congress passed the 1972 Equal Employment Opportunity Act and a federal equal rights amendment, the latter of which was ratified by the Texas legislature in a special session in March 1972. [21], Since the 1920s, the Equal Rights Amendment has been accompanied by discussion among feminists about the meaning of women's equality. In order to be added to the Constitution, it needed approval by legislatures in three-fourths (38) of the 50 states. The Equal Rights Amendment has been a perennial topic in Congress since 1923, but not . These proponents state that Congress can remove the ERA's ratification deadline despite the deadline having expired, allowing the states again to ratify it. Joint resolutions have the force of law and, in most cases, must be presented to the President for his signature. 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. After. Res. [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. This document is being featured in conjunction with the National Archives National Conversation on Womens Rights and Gender Equality. [note 1] With wide, bipartisan support (including that of both major political parties, both houses of Congress, and presidents Richard Nixon, Gerald Ford, and Jimmy Carter)[5] the ERA seemed destined for ratification until Phyllis Schlafly mobilized conservative women in opposition. During 1972, a total of 22 state legislatures ratified the amendment and eight more joined in early 1973. In 1924, The Forum hosted a debate between Doris Stevens and Alice Hamilton concerning the two perspectives on the proposed amendment. 17, 117th Congress, 1st Session", "House passes joint resolution to remove ERA deadline", "S.J.Res.1 - A joint resolution removing the deadline for the ratification of the equal rights amendment", "VoteERA.org Equal Rights Amendment Women's Full Equality", "Equal Rights Amendment now official in the Delaware State Constitution | The Latest from WDEL News", "Does the U.S. Constitution Need an Equal Rights Amendment? 10. In five of the six years between 2011 and 2016, the Virginia Senate passed a resolution ratifying the Equal Rights Amendment, but the House of Delegates never released a companion bill from committee for a full vote on the House floor. Congress has authority both to impose a ratification deadline and to designate a method of ratification. [160], The John Birch Society and its members organized opposition to the ERA in multiple states. Therefore, it is most likely that the actions of the five states Idaho, Kentucky, Nebraska, South Dakota, and Tennessee that voted to rescind their ratification of the ERA between 1972 and 1982 are a legal nullity. [34][56] President Richard Nixon immediately endorsed the ERA's approval upon its passage by the 92nd Congress. In 1959, they had it introduced in the Texas Senate and House as the Texas Equal Legal Rights Amendment. They also feared that the ERA would undercut the male-dominated labor unions that were a core component of the New Deal coalition. Senator Robert Menendez (D-New Jersey) introduced the amendment symbolically at the end of the 111th Congress and has supported it in the 112th Congress. 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. Proponents assert it would end legal distinctions between men and women in matters of divorce, property, employment, and other matters. 29), Idaho (February 8, 1977: House Concurrent Resolution No. Groups as varied as the Ladies Auxiliary of the Veterans of Foreign Wars and the American Association of University Women endorsed ratification. Res. [117], On January 30, 2020, the attorneys general of Virginia, Illinois and Nevada filed a lawsuit to require the Archivist of the United States to "carry out his statutory duty of recognizing the complete and final adoption" of the ERA as the Twenty-eighth Amendment to the Constitution. [48] In 1970, congressional hearings began on the ERA. Can a state legally rescind their ratification of the Equal Rights Amendment? The 14th Amendment to the U.S. Constitution, ratified in 1868, granted citizenship to all persons born or naturalized in the United Statesincluding former enslaved peopleand guaranteed all citizens "equal protection of the laws." Since then, as of November 1, 2019, a constitutional amendment relating to equal rights between men and women has been introduced 1,133 times,REF 53 in the Senate and 1,080 in the House. Protest and opposition for the Equal Rights Amendment raged between 1972 and 1982. The possibility of additional states ratifying the 1972 ERA depends on the validity of its ratification deadline. According to the National Archives, a proposed amendment becomes part of the Constitution as soon as it is ratified by three-fourths of the States.REF. 20), North Dakota (March 19, 2021: Senate Concurrent Resolution No. [40], President Kennedy appointed a blue-ribbon commission on women, the President's Commission on the Status of Women, to investigate the problem of sex discrimination in the United States. Elections in 2023 | The commission, composed largely of anti-ERA feminists with ties to labor, proposed remedies to the widespread sex discrimination it unearthed. The U.S. Supreme Court ruled in Hollingsworth v. Virginia (1798)[91] that the President of the United States has no formal role in the passing of constitutional amendments. On August 10, 1970, she gave a speech on the ERA called "For the Equal Rights Amendment" in Washington, D.C. "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any state on account of sex." [186], The amendment has been reintroduced in every session of Congress since 1982. 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. And they incorrectly posit that Congress has complete, plenary authority over the entire constitutional amendment process. https://www.tshaonline.org, https://www.tshaonline.org/handbook/entries/texas-equal-rights-amendment. [19], In 1943, Alice Paul further revised the amendment to reflect the wording of the Fifteenth and Nineteenth Amendments. Hurry, Early Registration for the 2023 Annual Meeting in El Paso ends soon. Published by the Texas State Historical Association. The U.S. Senate had passed the Equal Rights Amendment to the Constitution on March 22 of that year, but the required majority of states failed to ratify it by the 1982 deadline. This fictional distinction has no legal or logical basis.REF Third, they posit that if Congress has authority to change a ratification deadline in a proposed constitutional amendment before that deadline passes, it can do so long afterward.REF Two scholars offered this answer: If the first [deadline] extension was like adding an extra quarter to benefit the losing team in a football game, allowing ratification efforts to resumeafter ERAs apparent defeat is like authorizing the losing team to continue a game after the winning team has left the stadium.REF Fourth, ERA advocates incorrectly claim that Congress has plenary authority over the entire constitutional amendment process, when Congress actual authority is limited to proposing amendments and designating their method of state ratification. Handbook of Texas Online, [51][52] Griffiths's joint resolution was then adopted by the Senatewithout changeon March 22, 1972, by a vote of 84 yeas, 8 nays and 7 not voting. Carter signed the joint resolution, although he noted, on strictly procedural grounds, the irregularity of his doing so given the Supreme Court's decision in 1798. Has your state NOT ratified the ERA? SENATE AND HOUSE TO GET AMENDMENT; A Proposed Constitutional Change To Be Introduced On October 1", "Dr. Frances Dickinson women's equal rights", "The Proposed Equal Rights Amendment: Contemporary Ratification Issues", "Conversations with Alice Paul: Woman Suffrage and the Equal Rights Amendment", "What's in a Name? Feminists marched, went on hunger strikes, and committed disruptive and aggressive acts to make the. Advocates assert that the 1972 ERA is within one state of becoming part of the Constitution by counting as valid the ratification by Nevada in 2017 and by Illinois in 2018. It was the location of the Texas State Fair. The text of the proposed amendment read: Section 1. West Virginia ratified the amendment in April 1972, the same year that Congress sent it to the states. 2 on March 1, 1979. In 1978, Congress voted to extend the original March 1979 deadline to June 30, 1982. Congress itself disagrees. WHEREAS, the ERA guarantees "[e]quality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex."; and. [178], Illinois state lawmakers ratified the ERA on May 30, 2018, with a 7245 vote in the Illinois House following a 4312 vote in the Illinois Senate in April 2018. State executives | 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. [195], On February 24, 2013, the New Mexico House of Representatives adopted House Memorial No. They create a baseless distinction between ratification deadlines that appear in an amendments text and in a joint resolutions proposing clause. [133], The National Organization for Women (NOW) and ERAmerica, a coalition of almost 80 organizations, led the pro-ERA efforts. This text became Section 1 of the version passed by Congress in 1972. On December 23, 1981, the U.S. District Court for the District of Idaho agreed on both issuesREF and the defendant, the Administrator of General Services, appealed to the Supreme Court. Eleanor Roosevelt and most New Dealers also opposed the ERA. [161], Many ERA supporters blamed their defeat on special interest forces, especially the insurance industry and conservative organizations, suggesting that they had funded an opposition that subverted the democratic process and the will of the pro-ERA majority. [45] In 1967, at the urging of Alice Paul, NOW endorsed the Equal Rights Amendment. 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. [28][29] The party then took the ERA to Congress, where U.S. senator Charles Curtis, a future vice president of the United States, introduced it for the first time in October 1921. The caucus stated that the Texas legislature had eliminated or was preparing to change most sex-specific language in Texas statutes, but that many state agency regulations had not yet been reviewed. WHEREAS, the Equal Rights Amendment (ERA) was first passed by Congress in 1972 and was sent to the states for ratification; and. [49], On August 10, 1970, Michigan Democrat Martha Griffiths successfully brought the Equal Rights Amendment to the House floor, after 15 years of the joint resolution having languished in the House Judiciary Committee. 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. Since Congress has taken no action to change the 1972 ERAs ratification deadline, the only way to do so is by ignoring that deadline altogether. On June 28, 1919, the Texas legislature voted to ratify the Nineteenth Amendment, the first southern state to do so. The Texas House and Texas Senate were run by Democrats at the time. 4010), This page was last edited on 18 January 2023, at 16:12. When that Congress adjourns, all pending legislative measures expire. It was sent to the states for ratification on March 22nd, 1972. In 1982, seven female ERA supporters, known as the Grassroots Group of Second Class Citizens, went on a fast and seventeen chained themselves to the entrance of the Illinois Senate chamber. In 1824, the states received an amendment giving Congress authority to prohibit child labor; 28 states ratified it by 1937. Between 1957 and 1959, she and several federation leaders toured the state stumping for the amendment. The resolution passed the House of Representatives in 2020, but did not receive a vote in the Senate. However, Gus Mutscher, the new speaker of the House, refused to let it out of committee. Res. "[101] In 2018, Virginia attorney general Mark Herring wrote an opinion suggesting that Congress could extend or remove the ratification deadline. [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. The text of the proposed amendment said: "Equality of rights under law shall not be denied or abridged by the United States or by any state on account of sex." A second provision said Congress. 7 asking that the congressionally imposed deadline for ERA ratification be removed. The League of Women Voters, formerly the National American Woman Suffrage Association, opposed the Equal Rights Amendment until 1972, fearing the loss of protective labor legislation. 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. They also state that the ratifications ERA previously received remain in force and that rescissions of prior ratifications are not valid. The ERA has been ratified by the following states:[60], ** = Ratification revoked after June 30, 1982, Although Article V is silent as to whether a state may rescind, or otherwise revoke, a previous ratification of a proposedbut not yet adoptedamendment to the U.S. Constitution,[66] legislators in the following six states nevertheless voted to retract their earlier ratification of the ERA:[67]. No evidence exists that any member of either Congress or any state legislature questioned whether placement in the proposing clause affected a ratification deadlines validity in any way. The relevant consensus is not about a generalized problem, but about the proposed constitutional amendment as a solution. On May 30, 2018, the Illinois House of Representatives followed the state senate in adopting a resolution purporting to ratify the Equal Rights Amendment (ERA) proposed by Congress in 1972.REF Like many other media outlets, U.S. News & World Report reported that Illinois became the 37th state to ratify the Equal Rights Amendmentputting it within a single state of the 38 needed to ratify a constitutional amendment.REF, The Congressional Research Service (CRS) has long had a different view. The recall bill died in committee and was not introduced in the next legislative session 2 years later. "[154] When Schlafly began her campaign in 1972, public polls showed support for the amendment was widely popular and thirty states had ratified the amendment by 1973. And in a joint resolutions have the force of law and, in most cases must. Of Kentucky, Thelma Stovall, who was acting as governor in the amendments.. And those that do not page was last edited on 18 January,. 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