did texas ratify the equal rights amendment of 1972?

Such after-the-fact recognition does not, as ERA advocates assert, constitute congressional promulgation of the Madison Amendment.REF, Second, [o]n its merits, the notion of congressional promulgation is inconsistent with both the text of Article V of the Constitution and with the bulk of past practice.REF Both liberal and conservative scholars reject this theory. The issue is whether the 1972 ERA remains pending before the states. By August of 1920, 36 states (including Texas) approved the amendment and it became part of the United States Constitution. Texas remains one of only 26 states to have passed its own ERA. The Texas B&PW campaigned before the ratification election in November 1972. The text of the proposed amendment read: Section 1. Like its general authority to impose a ratification deadline, Congress has long believed that it may place such a deadline in either the resolutions proposing clause or the amendments text. Anthony. This play gets her life's work right", "The History Behind the Equal Rights Amendment", "Wanna Save Roe v. Wade? Peterson publicly opposed the Equal Rights Amendment based on her belief that it would weaken protective labor legislation. ", "2009 National NOW Conference Resolutions: Equal Rights Amendment", "The Equal Rights Amendment: Why the ERA Remains Legally Viable And Properly Before the States", "As women march in D.C., Cardin co-sponsors new Equal Rights Amendment", "Let's Ratify the ERA: A Look at Where We Are Now", "The ERA's Revival: Illinois Ratifies Equal Rights Amendment", "Illinois Senate approves federal Equal Rights Amendment, more than 35 years after the deadline", "Virginia could be the last state needed to ratify the Equal Rights Amendment. State executives | See, "Equal Means Equal v. Ferriero, United States Court of Appeals, for the First Circuit, Case #20-1802, June 29, 2021, National American Woman Suffrage Association, President's Commission on the Status of Women, Grassroots Group of Second Class Citizens, United States District Court for the District of Massachusetts, United States Court of Appeals for the First Circuit, United States District Court for the District of Columbia, United States Court of Appeals for the District of Columbia Circuit, the Church of Jesus Christ of Latter-day Saints, Convention on the Elimination of All Forms of Discrimination Against Women, "English: A newspaper article from 1923 talking about the ERA", "English: Newspaper article from 1921 talking about the ERA", "English: Newspaper article from 1922 talking about the ERA", "Phyllis Schlafly's "Positive" Freedom: Liberty, Liberation, and the Equal Rights Amendment", "New Drive Afoot to Pass Equal Rights Amendment", "Unbelievably, women still don't have equal rights in the Constitution", "Will the #MeToo movement lead to the Equal Rights Amendment? When the Texas Legislature met in 1969, the proposed Texas Equal Rights Amendment received ready support in the Senate. The first involves continued introduction of fresh-start proposals,REF new joint resolutions for proposing the ERA and sending it to the states. 1107 (1981) | pp1107-11473 | Leagle.com", Memorandum of Gerald P. Carmen, Administrator of General Services, "Minutes, Hearing of the Assembly Committee on Legislative Operations and Elections", "Virginia's hopes of ERA ratification go down in flames this year", "3 states file lawsuit seeking to block ERA ratification", "South Dakota joins Alabama and Louisiana in legal challenge to stop activists from illegally amending the U.S. Constitution", "Ratification of the Equal Rights Amendment", "U.S. Justice Department says Virginia action would come too late to ratify ERA", "Equal Rights Amendment Denied Supreme Court Hearing for Now (1)", "First Circuit Declines to Rehear Equal Rights Amendment Case (1)", "Three Democratic attorneys general sue to have Equal Rights Amendment added to Constitution", "Trump administration asks court to dismiss lawsuit to add ERA to US Constitution", "Federal judge says deadline to ratify ERA 'expired long ago' in setback to advocates' efforts", "Three states ask federal appeals court to count them in ERA ratification", "Virginia's new AG pulls state from effort to recognize ERA ratification", "Ruth Bader Ginsburg says deadline to ratify Equal Rights Amendment has expired: 'I'd like it to start over', "Ruth Bader Ginsburg probably just dealt a fatal blow to the Equal Rights Amendment", Justice Ginsburg calls for renewed effort to pass Equal Rights Amendment, "Who is Jill Ruckelshaus, the Republican Feminist Played by Elizabeth Banks in Mrs. This suggestion was unusual in Dillon because the 18th Amendment, at issue in that case, had a seven-year ratification deadline.REF The issue in Dillon was whether Congress had authority to include any ratification deadline, not whether the time between proposal and ratification met any particular standard. [28][29] The party then took the ERA to Congress, where U.S. senator Charles Curtis, a future vice president of the United States, introduced it for the first time in October 1921. Senator Ted Kennedy (D-Massachusetts) championed it in the Senate from the 99th Congress through the 110th Congress. For example, a jazz funeral for the ERA was held in New Orleans in July 1982. [78], A resolution was introduced in the Minnesota Senate on January 11, 2021, whichif adoptedwould retroactively clarify that Minnesota's 1973 ratification of the ERA expired as of the originally-designated March 22, 1979, deadline.[79]. 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. ERA bills have also been introduced in the legislatures of Arizona, Florida, North Carolina, Utah, and Virginia. . "[159] Historian Judith Glazer-Raymo asserted: As moderates, we thought we represented the forces of reason and goodwill but failed to take seriously the power of the family values argument and the single-mindedness of Schlafly and her followers. The congress was organized by suffragist Dr. Ellen Lawson Dabbs, secretary of the Texas Equal Rights Association. [204][205] The companion bill, S.J.Res. The OLC opinion explained why Coleman is not authority for this theory.REF Notably, this issue did not have the support of a majority of justicesREF and none explained the constitutional basis for the assertion that Congress had authority to promulgate an amendment.REF. Senior Legal Fellow, Center for Legal and Judicial Studies. Similarly, in Coleman v. Miller,REF the Court discussed whether a proposed amendment had been ratified within a reasonable period of time.REF Neither of these decisions treatment of this issue is relevant to the 1972 ERA. 10. [199] The subcommittee heard testimony on the amendment and extension of the deadline on April 30, 2019.[200]. Groups on both sides of the issue mobilized to lobby the states for and against passage. [49], On August 10, 1970, Michigan Democrat Martha Griffiths successfully brought the Equal Rights Amendment to the House floor, after 15 years of the joint resolution having languished in the House Judiciary Committee. Some equal rights amendments and original constitutional equal rights provisions are:[60][207][208], The Southern Legal Council[209] found clauses officially declaring equal rights / non-discrimination on the basis of sex in the constitutions of 168 countries.[210]. The assertion that the 1972 ERA can still be ratified today is based on four errors. 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. In the following decades, women marched, protested, lobbied, and even went to jail. 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. Barron, Keller (2022). "[158] Legal scholar Joan C. Williams maintained, "ERA was defeated when Schlafly turned it into a war among women over gender roles. Equal Rights Amendment. The measure had less than two-thirds support in either the House or the Senate.REF President Jimmy Carter signed the resolution on October 20, 1978, though this action was entirely ceremonial, as the President has no role in the constitutional amendment process. They sought a declaratory judgment that the extended ratification deadline was unconstitutional and that ratification rescissions, including by Idaho, were valid. 2018 Alice Paul Institute Site Design by Kathryn Elizabeth Colohan, Jill S. and Krista Joy Niles. Schlafly's argument that protective laws would be lost resonated with working-class women. 4010), This page was last edited on 18 January 2023, at 16:12. [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. Joint Resolution of March 22, 1972, 86 STAT 1523, Proposing an Amendment to the Constitution of the United States Relative to Equal Rights for Men and Women, 3/22/1972. Second, the Supreme Court vacated the district courts decision because, as the Acting Attorney Generals memorandum to the Administrator of General Services explained, the 1972 ERA had failed of adoption after the ratification deadline passed with fewer than three-fourths of the states ratifying. The commission, composed largely of anti-ERA feminists with ties to labor, proposed remedies to the widespread sex discrimination it unearthed. The next year, the introduction of the federal equal rights amendment in Congress gave the state measure greater credibility. 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. Don't Look To The Courts", "Virginia Becomes Battleground Over Equal Rights Amendment", "Will Virginia be next to ratify the Equal Rights Amendment? The resolution passed the House of Representatives in 2020, but did not receive a vote in the Senate. The number of states ratifying it declined rapidly, from 30 in the first two years to only five in the next four years. The joint resolution stipulated that South Dakota's 1973 ERA ratification would be "sunsetted" as of the original deadline, March 22, 1979. Because the proposing clause is merely legislative, they argue, the time limit can be changed if Congress exercises its power to adjust, amend, or extend its own legislative action with new legislative action.REF This claim does not, as others do, ignore the distinction between proposed amendments that lack a ratification deadline and those that have one. In 2013, the Library of Congress's Congressional Research Service issued a report saying that ratification deadlines are a political question: ERA proponents claim that the Supreme Court's decision in Coleman v. Miller gives Congress wide discretion in setting conditions for the ratification process. Sherilyn Brandenstein, Res. ERA advocates also assert that Congress has authority to amend or change a ratification deadline that appears in the proposing clause. All precedents concerning state rescissions of ratifications indicate that such actions are not valid and that the constitutional amendment process as described in Article V allows only for ratification. The House report did not note that for the first time Congress had shifted the seven-year limit from the text of the amendment to the resolving clause. [59] At the same time, the legislatures of five states that had ratified the ERA then adopted legislation purporting to rescind those ratifications. 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. They argue, for example, that the length of time since the 1972 ERAs proposal does not, by itself, render it invalid. This had the effect of formally proposing the amendment to the states for ratification.REF. This fictional distinction has no legal or logical basis.REF Third, they posit that if Congress has authority to change a ratification deadline in a proposed constitutional amendment before that deadline passes, it can do so long afterward.REF Two scholars offered this answer: If the first [deadline] extension was like adding an extra quarter to benefit the losing team in a football game, allowing ratification efforts to resumeafter ERAs apparent defeat is like authorizing the losing team to continue a game after the winning team has left the stadium.REF Fourth, ERA advocates incorrectly claim that Congress has plenary authority over the entire constitutional amendment process, when Congress actual authority is limited to proposing amendments and designating their method of state ratification. The bill cleared the Legislature, and Texas voters approved the state ERA in a constitutional amendment election in November 1972. Congress shall have power to enforce this article by appropriate legislation. But conclusion does equal promulgation. "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.". [109], On January 7, 2020, a complaint was filed by Equal Means Equal, The Yellow Roses and Katherine Weitbrecht in the United States District Court for the District of Massachusetts against the Archivist of the United States seeking to have him count the three most recently ratifying states and certify the ERA as having become part of the United States Constitution. 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. https://www.tshaonline.org, https://www.tshaonline.org/handbook/entries/texas-equal-rights-amendment. Congress shall have power to enforce this article by appropriate legislation.[17]. Meanwhile, Congress passed the 1972 Equal Employment Opportunity Act and a federal equal rights amendment, the latter of which was ratified by the Texas legislature in a special session in March 1972. As the seven-year time limit for ratification approached in 1979, Congress and President Jimmy Carter controversially extended the deadline three years. 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. Senator Robert Menendez (D-New Jersey) introduced the amendment symbolically at the end of the 111th Congress and has supported it in the 112th Congress. Article V of the Constitution of the United States of America. A proposed amendment is pending before the states until it is ratified by three-fourths of the states or expires if fewer than that number ratify it by any deadline that Congress has imposed. The need for a contemporaneous consensus, however, might actually undermine the case for ratifying the 1972 ERA. The 1st United States Congress sent the suggested amendment to the states for their approval on September 25, 1789. That strategy does not involve Congress adjusting, amending, or extending that ratification deadline, but urges states to ignore it altogether. By 1977, the legislatures of 35 states had approved the amendment. Fourth, this argument fails again to distinguish between amendments that have no ratification deadline and those that do. Not a single additional state ratified the amendment during the deadline extension period, and five states had already rescinded their ratification. The association assumed that passage of the new Family Code, which included these and related proposals, would prevent the need for a constitutional amendment. 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. [177], Illinois lawmakers and citizens took another look at the ERA, with hearings, testimony, and research including work by the law firm Winston & Strawn to address common legal questions about the ERA. The seven-month struggle in California resulted in a vote for ratification and motivated several years of legislative activity on women's issues. Also included in the tally were North Carolina and South Carolina, states which had originally rejected and later ratified the amendment. Letter to House Judiciary Committee, June 14, 1978. The Congressional Research Service then issued a report on the "three state strategy" on April 8, 2013, entitled "The Proposed Equal Rights Amendment: Contemporary Ratification Issues",[174] stating that the approach was viable. As this Legal Memorandum will explain, advocates who claim that the 1972 ERA can still be ratified make four errors. 79 to attempt to remove the deadline to ratify the amendment with 214 original co-sponsors. [202] The bill expired without Senate action. In 1972, the Equal Rights Amendment, designed to guarantee protection against sexual discrimination for women under the law, passed both houses of Congress and was sent to the individual states for ratification. legislatively referred constitutional amendment, https://ballotpedia.org/wiki/index.php?title=Texas_Equal_Rights,_Proposition_7_(1972)&oldid=8530780, Pages using DynamicPageList parser function, Conflicts in school board elections, 2021-2022, Special Congressional elections (2023-2024), 2022 Congressional Competitiveness Report, State Executive Competitiveness Report, 2022, State Legislative Competitiveness Report, 2022, Partisanship in 2022 United States local elections. The TSHA makes every effort to conform to the principles of fair use and to comply with copyright law. As of January 2020, the bill had 224 co-sponsors. Narrowly written, it limits the equal rights conferred to "entering or pursuing a business, profession, vocation, or employment". -- House Vote #197 -- Oct 12, 1971", "TO PASS H.J. [31][32][33], ERA supporters were hopeful that the second term of President Dwight Eisenhower would advance their agenda. Advocates began that effort in 1995, nearly two decades before any Member of Congress had taken a single step to amend or repeal the 1972 ERAs ratification deadline. Between 1957 and 1959, she and several federation leaders toured the state stumping for the amendment. 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. Advocates have taken several steps to implement this strategy. This is the basis for the CRS conclusion that the ERA formally died on June 30, 1982.. A majority of states ratified the proposed constitutional amendment within a year. the Twenty-seventh amendment. 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. [118] On June 21, 2009, the National Organization for Women decided to support both efforts to obtain additional state ratifications for the 1972 ERA and any strategy to submit a fresh-start ERA to the states for ratification.[171]. [18] The proposal was seconded by Dr. Frances Dickinson, a cousin of Susan B. When it was created the 14th Amendment to the Constitution ensured rights for? The Equal Rights Amendment was a proposed 27th Amendment to the United States Constitution that passed both the United States Senate and the House of Representatives. It was sent to the states for ratification on March 22nd, 1972. [95], According to research by Jules B. Gerard, professor of law at Washington University in St. Louis, of the 35 legislatures that passed ratification resolutions, 24 of them explicitly referred to the original 1979 deadline.[96]. Dec. 3, 2019, photo, supporters of the Equal Rights Amendment as they rally at the Utah State . The state legislators in battleground states followed public opinion in rejecting the ERA.[156]. The Equal Rights Amendment (ERA) passed Congress in 1972 and was quickly ratified by 35 of the 38 states needed for it to become part of the Constitution. Could the Equal Rights Amendment still be ratified today? "[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. A total of 56 joint resolutions for proposing the ERA introduced between the 92nd and 102nd Congresses included a ratification deadline. The Texas House and Texas Senate were run by Democrats at the time. [139], Many Republican women supported the ERA including Florence Dwyer, Jill Ruckelshaus, Mary Dent Crisp, Justice Sandra Day O'Connor, First Lady Betty Ford and Senator Margaret Chase Smith. Second, these advocates create an artificial distinction between ratification deadlines that appear in the amendments text and those that appear in the joint resolutions proposing clause. As the seven-year time limit for ratification approached in 1979, Congress and President Jimmy Carter controversially extended the deadline three years. The state ERA was passed first in the Senate, then in the House. "[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. The caucus stated that the Texas legislature had eliminated or was preparing to change most sex-specific language in Texas statutes, but that many state agency regulations had not yet been reviewed. No evidence exists that any member of either Congress or any state legislature questioned whether placement in the proposing clause affected a ratification deadlines validity in any way. The joint resolution passed in the House and continued on to the Senate, which voted for the ERA with an added clause that women would be exempt from the military. In the United States, the fight for a federal Equal Rights Amendment has been a century in the making. [186], The amendment has been reintroduced in every session of Congress since 1982. During the 65th Session of the Texas Legislature held January to June of 1977, bills were introduced in the House and Senate to recall Texas's ratification of the national Equal Rights Amendment. One of those, regarding the number of seats in the House of Representatives, was proposed in 1789 and ratified by 11 states, the last in 1792. For women's rights advocates, the ERA was the next logical step following the successful campaign to win access to the ballot through the adoption of the 19th Amendment. Even if Congress had authority to determine whether a proposed constitutional amendment pending indefinitely before the states has been ratified, that could not constitute authority to say that a proposed amendment is still pending even after its ratification deadline has passed. Every dollar helps. 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