Establishing the ratification of the Equal Rights Amendment.
- Sponsor
- Rep. Pressley, Ayanna [D-MA-7]
- Committees
- Judiciary Committee (primary)
- Last action
- Mar 24, 2025
Bottom line
This joint resolution seeks to formally recognize the Equal Rights Amendment as the 28th Amendment to the U.S. Constitution, bypassing a previously established ratification deadline.
What it actually does
This joint resolution declares that the Equal Rights Amendment (ERA) is validly ratified and is now part of the United States Constitution. It explicitly states that the time limit contained in the original proposing resolution (House Joint Resolution 208, 92d Congress) is to be disregarded, affirming that the ERA has met the requirement of ratification by three-fourths of the several States.
Proponents argue
Supporters argue that the ERA has met the constitutional requirement of ratification by three-fourths of the states, with Virginia's ratification in 2020 being the 38th state. They contend that Congress has the authority to remove or disregard the original time limit, asserting that a constitutional amendment should not be subject to an arbitrary deadline once the requisite number of states have acted. Proponents believe its formal recognition is crucial for ensuring legal equality for all citizens regardless of sex.
Opponents contend
Opponents argue that the ERA's ratification period expired in 1982, rendering subsequent state ratifications invalid. They also contend that five states rescinded their ratifications before the original deadline, which should be considered. Critics further argue that the substance of the ERA is no longer necessary due to existing legal protections or that it could lead to unintended consequences, such as impacting abortion rights or sex-segregated spaces.
The bill text is extremely short and can be read in under a minute, but its implications are vast and require significant background knowledge to fully understand.
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Declaration of Equal Rights Amendment Ratification
This provision states that despite a time limit set in 1972 for the Equal Rights Amendment (ERA) to be ratified, the ERA is now considered a valid part of the U.S. Constitution. It asserts that the necessary three-fourths of states have ratified it, effectively declaring the ERA to be the 28th Amendment, and explicitly overrides the prior congressional deadline.
Supporters argue
Supporters argue that this declaration is a necessary step to formally recognize the will of the states and enshrine gender equality in the Constitution, providing a bedrock principle for future legal challenges and legislative efforts. They contend that the time limit was not part of the amendment itself and can be overridden by Congress.
Critics contend
Opponents argue that overriding the time limit sets a dangerous precedent for constitutional amendment processes, undermining legal certainty and the original intent of Congress. They also raise concerns about the validity of rescinded state ratifications and the potential for judicial activism based on a broadly worded amendment.
Tradeoffs
The provision navigates the tension between the procedural requirements of constitutional amendment (specifically, time limits and rescissions) and the substantive goal of enshrining gender equality. It also highlights the ongoing debate about the role of Congress versus the judiciary in interpreting the amendment process.