Update on the Equal Rights Amendment

Update on the Equal Rights Amendment

ERA Equal rights Amendment LWV
Type: 
Blog Post

Women have been fighting for gender equality for many generations and the fight continues. The work is not done, and the importance of gender equality in our Constitution cannot be overstated. League of Women Voters has been a steadfast advocate for the Equal Rights Amendment, and the League of Women Voters of Connecticut is committed to continuing this fight until equal rights is enshrined in the United States Constitution.

Although the text of the ERA has been refined since it was first introduced to Congress in 1923, the meaning remains the same. The current language reads:

“Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.” 

Timeline of the Equal Rights Amendment

  • 1923 - The Equal Rights Amendment was introduced to Congress for the first time by Alice Paul, being introduced every year after until approved by Congress.
  • 1972 - The ERA  was approved by Congress to be sent to the states by a joint resolution, requiring 38 states (or 3/4 of all states) to pass the amendment. Congress imposed a 7 year time limit for ratification of the resolution, which was later extended by 3 years. 
  • June 1982 - the time limit imposed by Congress expired with 35 of the necessary 38 states having ratified the amendment beforehand.
  • January 2020 - Virginia becomes the 38th state to ratify the ERA. However, the issue of the time limit still needs to be resolved, and as such, the ERA has yet to be published in our Constitution.

Conflicting views on how to publish the ERA

Legal scholars and advocates have conflicting views on how the Equal Rights Amendment can be published in the Constitution. One method is passing a resolution in Congress to remove the time limit. The latest push to remove the time limit in Congress has stalled because the resolution has yet to be called to the House floor for a vote. The other method that recently found public support is having the President instruct the Archivist to publish the amendment. The Archivist released a statement regarding the ERA's status on December 17, 2024. It states that "extending or removing the deadline requires new action by Congress or the courts." It omits that the President can play a role in publication. You can read the full statement here: https://www.archives.gov/press/press-releases/2025/nr25-004

Issues referenced by this article: 
League to which this content belongs: 
Connecticut