Virginia becomes the 38th state to ratify the Equal Rights Amendment
Equal Rights Amendment supporter Donna Granski, right, from Midlothian Va. cheers the passage of the House ERA Resolution in the Senate chambers at the Capitol in Richmond, Va. Monday, Jan. 27, 2020. The resolution passed 27-12. (AP Photo/Steve Helber)
On Jan. 20, Virginia became the 38th state to ratify the Equal Rights Amendment (ERA), making it the final state needed to ratify the ERA as the 28th Amendment of the Constitution. If passed, the amendment would ensure legal rights to every American citizen regardless of sex. However, ongoing legal disputes about the original deadline for ratification make the amendment’s future uncertain.
The amendment was originally proposed by suffragist Alice Paul in 1921, two years after women secured the right to vote through the 19th Amendment. Following this huge success in the fight for women’s rights, Paul and her supporters wanted to ensure equal rights for men and women were protected.
Dr. Andrew Bledsoe, associate professor of history, explained the ERA was another big step in the women’s suffrage movement.
“The ERA is part of that long tradition … this idea that women deserve equal protection under the law explicitly,” Bledsoe said.
According to Smithsonian Magazine, the original ERA stated, “Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction.”
In 1923, the earliest version of the ERA was proposed in Congress, but the amendment did not gain traction until the 1960s and 1970s due to the civil rights movement and new waves of feminism. In 1972, Congress approved the amendment and sent it to the states for ratification with a deadline of 1979.
For the amendment to be ratified, it needed a three-fourths majority from the states. This means by 1979, 38 states needed to ratify it. By 1974, 33 states signed on, and the amendment was on a straight path toward ratification.
However, active opposition from conservative groups in the 1970s counteracted the ERA’s success. Even with a deadline extension of 1982, only 35 states signed on.
In 2017, Nevada became the 36th state to ratify the amendment. Illinois followed suit in 2018. Now, with Virginia’s ratification, the question of whether it can be added to the Constitution is up for debate.
“The fact that it took this long to pass says a lot about where it lands on the nation’s priority list,” said Amanda Garrod, a junior literature major. “It’s giving basic human rights to your fellow humans.”
Currently, the ERA 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.”
Dr. Tom Pope, associate professor of political science, believes this language is holding the amendment back from becoming part of the Constitution.
“All of that language is language that was crafted in the 60s, 70s, 80s, 90s,” Pope said. “That’s why I think this text would be very hard to pass. This text, if it came into being, would be very confusing for states and the federal government to figure out, ‘What are my new powers?’”
Opposition to the amendment cites the missed deadline and wording of the amendment as reasons why it could not — and should not — be ratified. Supporters say because there is not a deadline directly listed in the body, the deadline could be removed, and it could still pass.
On Thursday, Feb. 13, the House of Representatives voted to remove the 1982 deadline, which now brings the ERA one step closer to becoming law. The vote was 232-183 and was comprised of all 227 Democrats and five Republicans being in favor of the amendment getting another chance. Supporters celebrated the landmark decision, including Democratic Rep. Jackie Speier of California. “There is no expiration date on equality,” said Speier.
Now that the House has approved the repeal, it will need to go through the Senate and get the signature of approval from President Trump to become law. Otherwise, the ERA will have to restart the process of ratification entirely.
