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House action on Equal Rights Amendment sets up legal fights - Roll Call

The House will attempt to revive the Equal Rights Amendment later this week, with a vote to remove the 1982 deadline for state ratification and reopen the process for amending the Constitution to prohibit discrimination based on sex. But removing the deadline won’t clear a path for the 28th Amendment. Hurdles, including the Republican-led Senate, a lawsuit from GOP state attorneys general and opposition from the current Justice Department, remain.

After languishing for decades without much action, the constitutional amendment and hot-button cultural wedge issue from the 1970s is back. The ERA promises equal rights to women and reads, in part, “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”

Originally drafted by suffragist Alice Paul, the ERA was proposed every Congress beginning in 1923 but continually died in committee. In 1970, Michigan Democrat Martha Griffiths forced a House floor vote with a discharge petition. After some alterations, the House passed her amendment in 1971, and the Senate followed suit in 1972, both with the two-thirds majority needed.

Congressional support of the ERA in the early 1970s was widespread and bipartisan. It passed the House in a 354-24 vote and the Senate by a 84-8 vote, bipartisan tallies for such an issue that are difficult to imagine in the modern political climate.

The amendment then needed approval of three-fourths of the state legislatures before 1979, a deadline set by Congress. More than half of the states ratified the amendment within the first year, and 35 states ratified it before 1977. Congress then extended the deadline for another three years to 1982, but no additional states voted to ratify, leaving the amendment three state legislatures short of the three-fourths requirement.

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House action on Equal Rights Amendment sets up legal fights - Roll Call
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