did texas ratify the equal rights amendment of 1972?

Successful bills included one prohibiting sex-based discrimination in processing loan and credit applications and another disallowing husbands from abandoning and selling homesteads without their wives' consent. A few months later, women legislators employed the new amendment in preparing several laws to halt discriminatory practices. Texas State Historical Association (TSHA) [148] It was suggested that single-sex bathrooms would be eliminated and same-sex couples would be able to get married if the amendment were passed. Equal Rights Amendment. Congress can propose an amendment by a two-thirds vote of the Senate and House of Representatives or, on the Application of the Legislatures of two thirds of the several States, Congress can call a Convention for proposing Amendments.REF In either case, an amendment does not become part of the Constitution until it is ratified by the Legislatures ofor by Conventions in three-fourths of the states.REF, Constitutional amendments proposed by Congress begin as joint resolutions introduced in either the Senate or House of Representatives.REF Each joint resolution proposing a constitutional amendment has two parts, a proposing clause and the text of the amendment being proposed. Could the Equal Rights Amendment still be ratified today? Article V of the U.S. Constitution provides for two methods of proposing amendments. As of January 2020, the bill had 224 co-sponsors. By the next legislative session the B&PW had coordinated a campaign of national media interviews, speaking engagements in Texas, and coalitions with influential women's groups. 7 was officially received by the U.S. Senate on January 6, 2014, was designated as "POM-175", was referred to the Senate's Committee on the Judiciary, and was published verbatim in the Congressional Record at page S24. [102][103], On December 16, 2019, the states of Alabama, Louisiana and South Dakota sued to prevent further ratifying of the Equal Rights Amendment. By the 1870s, women pressured Congress to vote on an amendment that would recognize their suffrage rights. As laid out in Article 17 of the Texas Constitution, in order for a proposed constitutional amendment to be placed on the ballot, the Texas State Legislature must propose the amendment in a joint resolution of both the Texas State Senate and the Texas House of Representatives. They felt that ERA was designed for middle-class women, but that working-class women needed government protection. Support in the states that had not ratified fell below 50%. Beginning in the mid-1990s, ERA supporters began an effort to win ratification of the ERA by the legislatures of states that did not ratify it between 1972 and 1982. [128] In 1973, future Supreme Court justice Ruth Bader Ginsburg summarized a supporting argument for the ERA in the American Bar Association Journal: The equal rights amendment, in sum, would dedicate the nation to a new view of the rights and responsibilities of men and women. The ERA is properly before the states for ratification, several scholars wrote in 1997, in light of the recent ratification of the Madison Amendment.REF This effort became known as the three-state strategy because, ERA advocates claimed at the time, ratification by three more states would add the 1972 ERA to the Constitution. Four of the six unratified amendments remain pending before the states because they were proposed without a ratification deadline. The committee approved the ERA, but with several amendments on various subjects. "[101] In 2018, Virginia attorney general Mark Herring wrote an opinion suggesting that Congress could extend or remove the ratification deadline. If Congress wants to pass an updated version of the ERA, taking into consideration all the changes in the law since 1972, I have no doubt the South Dakota Legislature would debate the merits in a new ratification process. The Court stated: "We think that, in accordance with this historic precedent, the question of the efficacy of ratifications by state legislatures, in the light of previous rejection or attempted withdrawal, should be regarded as a political question pertaining to the political departments, with the ultimate authority in the Congress in the exercise of its control over the promulgation of the adoption of the amendment. [39] Peterson referred to the National Woman's Party members, most of them veteran suffragists and preferred the "specific bills for specific ills" approach to equal rights. Three-fourths of the states needed to then agree to ratify it as a constitutional amendment, but it failed by a margin of three. The Texas ERA passed on Nov. 7, 1972, with 2,156,536 votes in favor, 548,422 votes against. 17) to remove the deadline for ratification was again introduced in both chambers, with bipartisan support. Delegates to state Constitutional Conventions in 1868-69 and 1875 debated and rejected resolutions to amend the Texas Constitution to enfranchise women. [178], Illinois state lawmakers ratified the ERA on May 30, 2018, with a 7245 vote in the Illinois House following a 4312 vote in the Illinois Senate in April 2018. The joint resolution can originate in either the House or the Senate. In 1978, Congress passed (by simple majorities in each house), and President Carter signed, a joint resolution with the intent of extending the ratification deadline to June 30, 1982. [120] On May 7, 2020, the DOJ filed a motion to dismiss, claiming the states do not have standing to bring the case to trial as they have to show any "concrete injury", nor that the case was ripe for review. Proposed amendment to the United States Constitution ensuring equal rights regardless of sex, Hayden rider and protective labor legislation, Non-ratifying states with one-house approval, Congressional extension of ratification deadline, Massachusetts lawsuit supporting ratification, 2020 U.S. District Court lawsuit supporting ratification, Post-deadline ratifications and the "three-state strategy", Proposed removal of ratification deadline, Article Five of the United States Constitution requires approval of three-fourths of the, The Texas Observer, March 11, 1977, "Sniping at the ERA," p. 5-6/. In June 1966, at the Third National Conference on the Status of Women in Washington, D.C., Betty Friedan and a group of activists frustrated with the lack of government action in enforcing Title VII of the Civil Rights Act formed the National Organization for Women (NOW) to act as an "NAACP for women", demanding full equality for American women and men. Section 107 related to Copyright and Fair Use for Non-Profit educational institutions, which permits the Texas State Historical Association (TSHA), to utilize copyrighted materials to further scholarship, education, and inform the public. "[98][99], In the 1939 case of Coleman v. Miller, the Supreme Court ruled that Congress has the final authority to determine whether, by lapse of time, a proposed constitutional amendment has lost its vitality before being ratified by enough states, and whether state ratifications are effective in light of attempts at subsequent withdrawal. Elections in 2023 | "[106] The OLC argued in part that Congress had the authority to impose a deadline for the ERA and that it did not have the authority to retroactively extend the deadline once it had expired. To fight this recall effort, Texans for the ERA was formed and hired a full-time lobbyist, Norma Cude, to prevent the passage of the recall legislation. [151], At the 1980 Republican National Convention, the Republican Party platform was amended to end its support for the ERA. While, as noted above, these have been introduced in nearly every Congress since 1923, their frequency has declined significantly since the ERAs extended ratification deadline passed in June 1982. The Equal Rights Amendment was first drafted in 1923 by two leaders of the women's suffrage movement, Alice Paul and Crystal Eastman. Since the Constitution was ratified in June 1788, nearly 12,000 amendments have been introduced in Congress,REF 33 have been proposed,REF and 27 have been ratified. West Virginia ratified the amendment in April 1972, the same year that Congress sent it to the states. Advocates claiming that the 1972 ERA can still be ratified today make several errors, such as failing to distinguish between types of constitutional amendments and misunderstanding congressional authority over the constitutional amendment process. Fair Park is an important place in the story of ratification. WHEREAS, the Equal Rights Amendment (ERA) was first passed by Congress in 1972 and was sent to the states for ratification; and. [124] Virginia withdrew from the lawsuit in February 2022. Frances "Sissy" Tarlton Farenthold and Barbara Jordan between 1968 and 1972. The Equal Rights Amendment was conceptually simple; it would grant Congress the ability to enforce legal equality between men and women via an amendment to the constitution. If the CRS is correct that it is not, then additional states cannot ratify it because the 1972 ERA no longer exists. Barron, Keller (2022). If, indeed, a state legislature has the ability to rescind, then the ERA actually had ratifications by only 30 statesnot 35when March 22, 1979, arrived. No political, civil, or legal disabilities or inequalities on account of sex or on account of marriage, unless applying equally to both sexes, shall exist within the United States or any territory subject to the jurisdiction thereof. In Coleman, the issue was whether the courts had authority to override Congress judgment about whether the time between an amendments proposal and ratification was reasonable. The Supreme Court declared these controversies moot based on the memorandum of the appellant Gerald P. Carmen, the then-Administrator of General Services, that the ERA had not received the required number of ratifications (38) and so "the Amendment has failed of adoption no matter what the resolution of the legal issues presented here. When the Texas Legislature met in 1969, the proposed Texas Equal Rights Amendment received ready support in the Senate. The E.R.A. On January 6, 2020, the Department of Justice Office of Legal Counsel official Steven Engel issued an opinion in response to the lawsuit by Alabama, Louisiana, and South Dakota, stating that "We conclude that Congress had the constitutional authority to impose a deadline on the ratification of the ERA and, because that deadline has expired, the ERA Resolution is no longer pending before the States. [34] The main support base for the ERA until the late 1960s was among middle class Republican women. [186], The amendment has been reintroduced in every session of Congress since 1982. Congress has authority both to impose a ratification deadline and to designate a method of ratification. Contemporary efforts to make the ERA part of the Constitution fall into two categories. If they have, congratulations! In Dillon v. Gloss,REF Dillon was arrested for violating the Volstead Act and challenged the 18th Amendment, which imposed Prohibition. The commission was chaired by Eleanor Roosevelt, who opposed the ERA but no longer spoke against it publicly. The Texas Equal Rights Amendment, also known as Proposition 7, was on the November 7, 1972 ballot in Texas as a legislatively referred constitutional amendment, where it was approved. The issue is whether the 1972 ERA remains pending before the states. In 1978, before that deadline passed, Congress extended it to June 30, 1982.REF When that deadline passed with fewer than the constitutionally required number of state ratifications, the 1972 ERA expired and was no longer pending before the states. Phyllis Schlafly was a key player in the defeat. For that same reason, however, the district courts analysis remains uncontradicted and available for consideration and persuasion. The assertion that the 1972 ERA can still be ratified today is based on four errors. With the rise of the women's movement in the United States during the 1960s, the ERA garnered increasing support, and, after being reintroduced by Representative Martha Griffiths in 1971, it was approved by the U.S. House of Representatives on October 12, 1971, and by the U.S. Senate on March 22, 1972, thus submitting the ERA to the state legislatures for ratification, as provided by Article V of the U.S. Constitution. "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 Texas Equal Rights Amendment was distinct from the federal ERA. The purported extension of ERA's ratification deadline was vigorously contested in 1978 as scholars were divided as to whether Congress actually has authority to revise a previously agreed-to deadline for the states to act upon a constitutional amendment. In 1974, Texas attorney general John Hill cited the Texas ERA when he struck down laws restricting the hours women could work, except in instances where they consented to such restrictions, since this benefit was denied male employees. Revivification opponents caution ERA supporters against an overly broad interpretation of Coleman v. Miller, which, they argue, may have been be [sic] a politically influenced decision.[172]. They conflate whether Congress can change a ratification deadline before and after that deadline expires. What else can I do? When the 115th Congress adjourned, however, bills introduced but not enacted expired. States may still ratify the 1972 ERA only if it remains pending before the states. State executives | ." On January 15, the Senate voted 2614 to approve the amendment and forward it to the House of Delegates, but it was defeated there in a 5050 tied vote; at the time, the Republican Party held one-seat majorities in both houses. 2023 www.statesman.com. Congress, of course, can conclude anything it wishes, including whether a proposed constitutional amendment has been properly ratified. [170] Those who espouse the "three-state strategy" (now complete if the Nevada, Illinois and Virginia belated ERA approvals are deemed legitimate) were spurred, at least in part, by the unconventional 202-year-long ratification of the Constitution's Twenty-seventh Amendment (sometimes referred to as the "Madison Amendment") which became part of the Constitution in 1992 after pending before the state legislatures since 1789. 20), North Dakota (March 19, 2021: Senate Concurrent Resolution No. Similarly, neither House nor Senate debates on the twenty-third, twenty-fourth, twenty-fifth, or twenty-sixth amendments observed the fact that the seven-year limitation had shifted to the resolving clause.REF Congress saw no significance whatsoever in the location of a ratification deadline. [190], The 113th Congress had a record number of women. "[100], In the context of this judicial precedent, nonpartisan counsel to a Nevada state legislative committee concluded in 2017 that "If three more states sent their ratification to the appropriate federal official, it would then be up to Congress to determine whether a sufficient number of states have ratified the Equal Rights Amendment. [125] Oral arguments were held on September 28, 2022,[126] before a panel composed by judges Wilkins, Rao and Childs.[127]. [20], As a result, in the 1940s, ERA opponents proposed an alternative, which provided that "no distinctions on the basis of sex shall be made except such as are reasonably justified by differences in physical structure, biological differences, or social function." It did not come to a vote in either chamber. Res. This document is being featured in conjunction with the National Archives National Conversation on Womens Rights and Gender Equality. After some western states enfranchised women in the late nineteenth and early twentieth centuries, the National American Woman Suffrage Association (NAWSA) formed a Southern Committee with the purpose of expanding suffrage activism in the south. [39] Ultimately, Kennedy's ties to labor unions meant that he and his administration did not support the ERA. [164][165] Critchlow and Stachecki say the anti-ERA movement was based on strong backing among Southern whites, Evangelical Christians, members of the Church of Jesus Christ of Latter-day Saints, Orthodox Jews, and Roman Catholics, including both men and women. The Texas Legislature ratified the Equal Rights Amendment during a special session on March 30, 1972. The seven-year ratification deadline appeared in the text of the amendment itself and, when that deadline passed with only 16 ratifying states, the amendment expired. The joint resolution stipulated that South Dakota's 1973 ERA ratification would be "sunsetted" as of the original deadline, March 22, 1979. The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would guarantee equal legal rights for all American citizens, regardless of sex. Between 1995 and 2016, ERA ratification bills were released from committee in some states and were passed by one but not both houses of the legislature in two of them. Congress, they point out, did so when it extended the ERA ratification deadline from March 22, 1979, to June 30, 1982. Illinois should ratify the Equal Rights Amendment. As outlined above, however, Coleman explicitly acknowledged this distinction. Women spoke in favor of the resolutions before each convention. 3, Getting to the National Archives in Washington, DC. [92][93][94] The closest that the ERA came to gaining an additional ratification between the original deadline of March 22, 1979, and the revised June 30, 1982, expiration date was when it was approved by the Florida House of Representatives on June 21, 1982. The next year, the introduction of the federal equal rights amendment in Congress gave the state measure greater credibility. Most scholarship about ERA ratification in the . [166], The ERA has long been opposed by anti-abortion groups who believe it would be interpreted to allow legal abortion without limits and taxpayer funding for abortion.[167][168][169]. The resolution was referred to Senate Committee on the Judiciary, where a vote on it was never brought. Five state legislatures (Idaho, Kentucky, Nebraska, Tennessee, and South Dakota) voted to revoke their ERA ratifications. [34], On March 22, 1972, the ERA was placed before the state legislatures, with a seven-year deadline to acquire ratification by three-fourths (38) of the state legislatures. [139] One prominent female supporter was New York representative Shirley Chisholm. [16], Paul named this version the Lucretia Mott Amendment, after a female abolitionist who fought for women's rights and attended the First Women's Rights Convention. The Texas House and Texas Senate were run by Democrats at the time. The 19th Amendment forbids the denial or abridgement of the right of U.S. citizens to vote based on sex. Many ERA supporters mourned the failure of the amendment. Congress shall have power to enforce this article by appropriate legislation.[17]. However, Gus Mutscher, the new speaker of the House, refused to let it out of committee. 4010 to retroactively clarify that North Dakota's 1975 ratification of the ERA was valid only through "11:59 p.m. on March 22, 1979" and went on to proclaim that North Dakota "should not be counted by Congress, the Archivist of the United States, lawmakers in any other state, any court of law, or any other person, as still having on record a live ratification of the proposed Equal Rights Amendment to the Constitution of the United States as was offered by House Joint Resolution No. Congress had originally set a ratification deadline of March 22, 1979, for the state legislatures to consider the ERA. They also state that the ratifications ERA previously received remain in force and that rescissions of prior ratifications are not valid. On September 25, 1921, the National Womans Party (NWP) announced its plan to seek ratification of an amendment to the U.S. Constitution guaranteeing equal rights for women and men. If passed, legal rights would no longer be determined by gender. Discussion about whether to place a ratification deadline instead in the joint resolutions proposing clause began in 1932, when the House considered what would become the 20th Amendment.REF One reason suggested for the change was to avoid unnecessary cluttering up of the Constitution.REF. We'll send you a couple of emails per month, filled with fascinating history facts that you can share with your friends. The Congressional Research Service is correct. [141][142][143] Support from Republican men included President Dwight D. Eisenhower, President Richard Nixon, Senator Richard Lugar and Senator Strom Thurmond. After Republicans took over control of both chambers, they did not move to revoke that ratification as a handful of other GOP-led states have. [107], On February 27, 2020, the States of Alabama, Louisiana and South Dakota entered into a joint stipulation and voluntary dismissal with the Archivist of the United States. In the meantime, the ERA ratification movement continued with the resolution being introduced in 10 state legislatures. [19], In 1943, Alice Paul further revised the amendment to reflect the wording of the Fifteenth and Nineteenth Amendments. However, experts and advocates have acknowledged legal uncertainty about the consequences of the Virginian ratification, due to expired deadlines and five states' revocations. While the Court addressed only whether courts could adjudicate this narrow issue, ERA advocates attempt to turn it into a plenary power of Congress over the entire constitutional amendment process.REF, ERA advocates incorrectly claim that the Court in Coleman held generally that Congressdetermines whether the amendment has been ratified in a reasonable period of time.REF In fact, the Court distinguished between proposed amendments that, like the 18th Amendment at issue in Dillon, have a ratification deadline and those, like the Child Labor Amendment at issue in Coleman, that do not.REF The Court expressly limited its conclusion to proposed amendments for which the limit has not been fixed in advance.REF By fixing that limit in advance, as it did for the 1972 ERA, Congress has already made its determination about a reasonable ratification period. A joint resolution is pending at the proposal stage during the Congress in which the joint resolution is introduced. South Dakota's 1979 sunset joint resolution declared: "the Ninety-fifth Congress ex post facto has sought unilaterally to alter the terms and conditions in such a way as to materially affect the congressionally established time period for ratification" (designated as "POM-93" by the U.S. Senate and published verbatim in the Congressional Record of March 13, 1979, at pages 4861 and 4862). the Twenty-seventh amendment. ", "Equal Rights Amendment: State Provisions", "Indiana Ratifies the ERA With Rosalynn Carter's Aid", "Nevada ratifies Equal Rights Amendment decades past deadline", "Illinois House approves Equal Rights Amendment", "Authentication and Proclamation: Proposing a Constitutional Amendment", "South Dakota and the Equal Rights Amendment". The amendment to the Texas constitution granting women and men equal legal rights resulted from a fifteen-year campaign spearheaded by the Texas Federation of Business and Professional Women. Please contact your state legislators and urge them to support the Equal Rights Amendment, and bring it to the floor for a vote. The Equal Rights Amendment and Utah From the 1960s through the 1980s, proponents of the Equal Rights Amendment (ERA) were seeking ratification in each state throughout the United States. [75] Constitution Annotated notes that "[f]our states had rescinded their ratifications [of the ERA] and a fifth had declared that its ratification would be void unless the amendment was ratified within the original time limit", with a footnote identifying South Dakota as that "fifth" state. 208), by which the 92nd Congress proposed the amendment to the states, was prefaced by the following resolving clause: Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States, which shall be valid to all intents and purposes as part of the Constitution when ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress: [emphasis added], As the joint resolution was passed on March 22, 1972, this effectively set March 22, 1979 as the deadline for the amendment to be ratified by the requisite number of states. 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