Story at a glance
- Virginia has passed the Equal Rights Amendment, making it the 38th state needed to ratify a constitutional amendment.
- The Justice Department says the amendment has expired and can no longer be ratified.
- The amendment would establish equal rights under the U.S. Constitution on the basis of sex.
It’s been a century since the Equal Rights Amendment was proposed by suffragists in the 1920s.
On Jan. 15, the Virginia House of Delegates passed the resolution, becoming the 38th legislature required to ratify the amendment and add it to the Constitution. But according to a statement released by the Department of Justice the deadline for states to review and potentially ratify the Equal Rights Amendment (ERA) has passed.
Republicans against the amendment are voicing concerns that it would be used to expand abortion access and argue that existing constitutional amendments, such as the 19th amendment granting women the right to vote, already provide sufficient protections. Democrats advocating for the amendment point to the #MeToo movement as proof that an explicit protection of women’s rights in the Constitution is necessary.
So what does the potential 28th constitutional amendment say?
The current resolution is the second version of the ERA reintroduced in 1971 by Rep. Martha Griffiths, after an effort in 1970 failed. It was approved by the House of Representatives that October and the Senate in March 1972.
The article of amendment reads:
“Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
Sec. 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
Sec. 3. This amendment shall take effect two years after the date of ratification.”
changing america copyright.
