The United States Senate is scheduled to vote this week on the Equal Rights Amendment (ERA), a proposed change to the Constitution that would guarantee equal rights under the law regardless of sex, marking 100 years since its introduction in Congress. The ERA must receive a two-thirds majority vote in both houses of Congress and be ratified by three-fourths of states before it can become part of the Constitution.
In January 2020, Virginia became the 38th state to ratify the ERA, meeting the required threshold for state approval following decades-long efforts by advocates pushing for gender equality. However, an arbitrary deadline set by Congress when it sent the amendment out for ratification in 1972 has complicated matters and left legal questions surrounding whether or not it can still be added as an amendment.
Senate members Ben Cardin (D-MD) and Lisa Murkowski (R-AK) have introduced a bipartisan resolution aimed at removing this deadline from consideration, which they argue would clear any obstacles preventing recognition of the ERA as a valid addition to the Constitution.
Opponents argue that because this congressional deadline for ratification passed long ago – initially set at seven years but then extended until 1982 – further attempts at incorporating this amendment are invalid. Furthermore, they contend that existing protections within other laws like those found within Title IX and under Section One of Fourteenth Amendment are sufficient guarantees against discrimination based on sex.
Advocates counter these arguments by emphasizing how explicit constitutional protection would provide stronger defense against potential reversals or weakening through future legislation or judicial decisions affecting women's rights.
"The passage [of] time does not lessen our resolve,” Senator Lisa Murkowski said during last year’s introduction ceremony for their resolution addressing deadlines.
Senator Ben Cardin echoed similar sentiments: “It’s time we ensure all Americans live free from discrimination regardless of their gender.”
Before leaving office, the Trump administration's Justice Department issued a memo blocking the ERA from becoming law due to the expired deadline. In response, several states have filed lawsuits seeking legal clarification on whether or not it can be added as an amendment at this time.
With Senate voting expected soon, all eyes will be on Washington D.C., waiting for a decision that could shape future progress in gender equality and potentially make history by cementing women's rights within the nation’s founding document.