did texas ratify the equal rights amendment of 1972?

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. 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? The amendment reads: In Dillon v. Gloss,REF Dillon was arrested for violating the Volstead Act and challenged the 18th Amendment, which imposed Prohibition. Can a state legally rescind their ratification of the Equal Rights Amendment? And while the House of Representatives voted 35224 on the joint resolution proposing the 1972 ERA, the vote on an identical joint resolution in January 1983 was 278147less than the two-thirds threshold required by Article V. ERA advocates ignore the distinction between proposed constitutional amendments, like the Madison Amendment, that lack a ratification deadline, and those, like the 1972 ERA, that have such a deadline. The 1972 Equal Rights Amendment Can No Longer Be RatifiedBecause It No Longer Exists, Second Amendment Libertys Most Essential Safeguard 200 Years Later, President Bidens Questionable Authority To Forgive Student Debt. 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. Res. All rights reserved. The creation of a third steppromulgation by Congresshas no foundation in the text of the Constitution.REF Similarly, Professor Grover Rees writes that this theory is no more defensible than to find a third house of Congress hidden cleverly in the interstices of the constitutional language vesting all legislative power in a House and a Senate.REF, Similarly, the OLC concluded that a proposed amendment becomes part of the Constitution when proposed by the requisite majorities of both house of Congress, and has been ratified by the legislatures of three-fourths of the States.REF The OLC opinion rejected the proposition that Congressmay determine whether an amendment has been constitutionally adopted. It passed the House on Oct. 12, 1971 and the Senate on March 22, 1972. Equal Rights Amendment passed by Congress On March 22, 1972, the Equal Rights Amendment is passed by the U.S. Senate and sent to the states for ratification. Alice Hamilton, in her speech "Protection for Women Workers", said that the ERA would strip working women of the small protections they had achieved, leaving them powerless to further improve their condition in the future, or to attain necessary protections in the present. Judie Gammage, Quest for Equality: An Historical Overview of Women's Rights Activism in Texas, 18901975 (Ph.D. dissertation, North Texas State University, 1982). The petition had the necessary 218 signatures within just nine days, and the House approved the ERA by a vote of 33476 on August 10, 1970. 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. Leading the Stop ERA campaign, Schlafly defended traditional gender roles and would often attempt to incite feminists by opening her speeches with lines such as, "I'd like to thank my husband for letting me be here tonightI always like to say that, because it makes the libs so mad. The text of the proposed amendment read: Section 1. Because no additional state legislatures ratified the ERA between March 22, 1979, and June 30, 1982, the validity of that disputed extension was rendered academic. Even National Public Radio acknowledges that the 1972 ERA fell short and expired in 1982.REF The widely used resource Lexis-Nexis includes the 1972 ERA on a list of failed amendments, noting that it never received ratification by the necessary three-fourths of the states.REF. [153] The most prominent opponent of the ERA was Schlafly. In order to be added to the Constitution, it needed approval by legislatures in three-fourths (38) of the 50 states. Handbook of Texas Online, Efforts to alter sex-based inequities in insurance regulations and wages continued at a slow pace during the economic recession of the 1990s. 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. The Subcommittee failed to vote on the resolution, and as such, the resolution died in subcommittee when the 112th Congress ended in January 2013. Equal Rights Amendment. When that Congress adjourns, all pending legislative measures expire. 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. Eventually, this resulted in feminist dissatisfaction with the Republican Party, giving the Democrats a new source of strength that when combined with overwhelming minority support, helped elect Bill Clinton to the presidency in 1992 and again in 1996. More importantly, the B&PW hired a lobbyist, a friend of Mutscher, for the 1971 legislative session, particularly to guide the amendment through the Texas House. On May 30, 2018, the Illinois House of Representatives followed the state senate in adopting a resolution purporting to ratify the Equal Rights Amendment (ERA) proposed by Congress in 1972.REF Like many other media outlets, U.S. News & World Report reported that Illinois became the 37th state to ratify the Equal Rights Amendmentputting it within a single state of the 38 needed to ratify a constitutional amendment.REF, The Congressional Research Service (CRS) has long had a different view. Since formulation of the "three-state strategy" for ratification in 1994, ERA bills have been introduced in subsequent years in one or more legislative sessions in ten of the unratified states (Arizona, Arkansas, Florida, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, Utah, and Virginia). A majority of states ratified the proposed constitutional amendment within a year. The following, adapted from the Chicago Manual of Style, 15th edition, is the preferred citation for this entry. Ballot measures, Who represents me? Joint resolutions have the force of law and, in most cases, must be presented to the President for his signature. RES. Contemporary efforts to make the ERA part of the Constitution fall into two categories. The text of the measure can be read here. Influential news sources such as Time also supported the cause of the protestors. The bill cleared the Legislature, and Texas voters approved the state ERA in a constitutional amendment election in November 1972. 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. 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. [17] Although the ERA was introduced in every congressional session between 1921 and 1972, it almost never reached the floor of either the Senate or the House for a vote. [34] The main support base for the ERA until the late 1960s was among middle class Republican women. [39] Ultimately, Kennedy's ties to labor unions meant that he and his administration did not support the ERA. [24] Their debate reflected the wider tension in the developing feminist movement of the early 20th century between two approaches toward gender equality. In the final week before the revised deadline, that ratifying resolution, however, was defeated in the Florida Senate by a vote of 16 to 22. Finally, ERA advocates offer contradictory conclusions regarding congressional promulgation. That amounts to a minimum of 100 votes in the House of Representatives and 21 votes in the Senate. 638, by Representative Elizabeth Holtzman of New York (House: August; Senate: October 6; signing of the President: October 20), which purported to extend the ERA's ratification deadline to June 30, 1982. 208. The resolution, therefore, died in committee when the 112th Congress ended in January 2013. If a ratification deadline placed in a joint resolutions proposing clause is valid, the 1972 ERA formally died on June 30, 1982. It would, therefore, no longer be pending before the states and no amendment would exist today for additional states to ratify. The commission did, though, help win passage of the Equal Pay Act of 1963, which banned sex discrimination in wages in a number of professions (it would later be amended in the early 1970s to include the professions that it initially excluded) and secured an executive order from Kennedy eliminating sex discrimination in the civil service. 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. This means there are fifty-two senators who back the resolution, however, no vote on the resolution has taken place by the committee or by the full Senate.[206]. At its 1957 convention, the Texas federation accepted Tobolowsky's offer to document the need for the amendment and pledged to fund efforts for its passage. In other words, the case was moot because, in effect, the 1972 ERA was no longer pending before the states.REF, According to ERA advocates, one state has issued a formal opinion concerning the validity of the ERA in light of its expired time limit.REF Walter S. Felton Jr., Virginias Deputy Attorney General, opined in 1994 that the ERA was not currently before the states for ratification because its original and extended time limits had expired.REF, There was no confusion when the 1972 ERA was proposed that its ratification deadline was binding.REF Except for ERA advocates involved in the current ratification effort, there does not seem to be any confusion today. During this disputed extension of slightly more than three years, no additional states ratified or rescinded. National Archives, General Records of the United States Government. Thirty-eight states are required to ratify an amendment to the Constitution, but Congress required states to approve the amendment within seven years meaning that despite Virginias approval, the amendment could face legal challenges. [196][197] House Memorial No. [7] Since 1978, attempts have been made in Congress to extend or remove the deadline. [26] The debate also drew from struggles between working class and professional women. The Handbook of Texas Women project has its own dedicated website and resources. Women spoke in favor of the resolutions before each convention. The first involves continued introduction of fresh-start proposals,REF new joint resolutions for proposing the ERA and sending it to the states. The lieutenant governor of Kentucky, Thelma Stovall, who was acting as governor in the governor's absence, vetoed the rescinding resolution. The issue is whether the 1972 ERA remains pending before the states. [6] Women who supported traditional gender roles started to oppose the ERA. The other two unratified amendments had ratification deadlines. In 1978, before the original ratification deadline passed, Congress adopted a resolution extending the deadline to June 30, 1982, but no additional states ratified it. [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. Counties | This entry belongs to the following Handbook Special Projects: We are a community-supported, non-profit organization and we humbly ask for your support because the careful and accurate recording of our history has never been more important. [155] Public opinion in key states shifted against the ERA as its opponents, operating on the local and state levels, won over the public. 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. When some senators responded to her testimony with amusement, she determined to involve the B&PW in campaigning for a constitutional amendment to ensure that women gained the legal rights Texas men had, rather than seeking changes in individual laws. Proponents assert it would end legal distinctions between men and women in matters of divorce, property, employment, and other matters. Congress, however, has no role in determining whether an amendment has been ratified, and no congressional action is necessary for a ratified amendment to become part of the Constitution. When Congress also imposes a ratification deadline, it appears in the same location as the designation. Hawaii became the first state to ratify the ERA, which it did on the same day the amendment was approved by Congress: The U.S. Senate's vote on H.J.Res. | [138], Many African-American women have supported the ERA. Senator Ben Cardin (DMD), for example, has introduced joint resolutions stating that the ERA proposed in 1972 shall be valid to all intents and purposes as part of the Constitution whenever ratified by the legislatures of three-fourths of the several States.REF, Third, ERA advocates directly urge additional states to ratify the 1972 ERA, pointing to a 1997 article that, they say, presents the legal analysis for this strategy.REF This article asserts three propositions. [179][180], An effort to ratify the ERA in the Virginia General Assembly in 2018 failed to reach the floor of either the House of Delegates or Senate. Congress had originally set a ratification deadline of March 22, 1979, for the state legislatures to consider the ERA. 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. Even if Florida had ratified the ERA, the proposed amendment would still have fallen short of the required 38. State legislature | '"[131][132], In the early 1940s, both the Democratic and Republican parties added support for the ERA to their platforms. 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. Therefore, it is most likely that the actions of the five states Idaho, Kentucky, Nebraska, South Dakota, and Tennessee that voted to rescind their ratification of the ERA between 1972 and 1982 are a legal nullity. That distinction, however, is both constitutional and consequential. 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. Legislation could be introduced and amended at any time during this period. To sneak it into the Constitution through this illegal process would undermine the very basis for our constitutional order. The 115th Congress lasted from January 3, 2017, to January 3, 2019. 38) to again attempt to remove the deadline to ratify the amendment. After. Three-fourths of the states needed to then agree to ratify it as a constitutional amendment, but it failed by a margin of three. Because thirty-eight states failed to ratify the amendment by March 31, 1979 the South Dakota Legislature rescinded its ratification of the ERA. Texas Women's Political Times, Spring 1983. That strategy does not involve Congress adjusting, amending, or extending that ratification deadline, but urges states to ignore it altogether. Has your state ratified the ERA? The joint resolution can originate in either the House or the Senate. Several states crafted and adopted their own equal rights amendments during the 1970s and 1980s, while the ERA was before the states, or afterward. A new campaign aims to make sure it happens", Virginia Senate panel passes Equal Rights Amendment, "The Equal Rights Amendment May Pass Now. It firmly rejects sharp legislative lines between the sexes as constitutionally tolerable. [149] Schlafly said passage of the amendment would threaten Social Security benefits for housewives. It's Only Been 96 Years", "The Equal Rights Amendment: 111th Congress", "Bill Summary & Status 113th Congress (20132014) H.J. In California, the 1972 campaign to ratify the Equal Rights Amendment (ERA) to the U.S. Constitution pitted amendment supporters against labor leaders trying to protect women-only protective labor laws. 9), Tennessee (April 23, 1974: Senate Joint Resolution No. States can continue to ratify the Equal Rights Amendment (ERA) that Congress proposed in 1972 only if it is still pending before the states. ", "Nevada Ratifies The Equal Rights Amendment 35 Years After The Deadline", "Congressional Record September 12, 2018", "BREAKING: The House of Delegates just passed HJ1, my resolution to have Virginia be the 38th and final state to ratify the Equal Rights Amendment", Virginia becomes 38th state to ratify Equal Rights Amendment but it may be too late, "Virginia Approves the E.R.A., Becoming the 38th State to Back It", "Proposed Amendment to the Constitution of the United States", "WOMAN'S PARTY ALL READY FOR EQUALITY FIGHT; Removal Of All National and State Discriminations Is Aim. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. [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. It would be a disservice to the citizens of South Dakota to ignore this obligation of my office. On March 22, 1972, the Senate passed the Equal Rights Amendment to the United States Constitution, which proposed banning discrimination based on sex. Some are comprehensive provisions of state constitutions that guarantee . The Supreme Courts general comment in Dillon that a proposed constitutional amendment should not be open to ratification for all timeREF implied that the Constitution itself imposed a ratification deadline. The Equal Rights Amendment was written by Alice Paul (1885-1977), the founder of the National Woman's Party.. Born to a New Jersey family of Quakers who highly valued education, Paul studied at colleges and universities in the U.S. and the United Kingdom and earned an impressive number of degrees, including a Master's and doctorate in sociology from the University of Pennsylvania, a law . Here is the quandary for ERA advocates. Congress has authority both to impose a ratification deadline and to designate a method of ratification. Identical legislation can be, and often is, introduced in the next Congress, but it is new legislation for which the legislative process must begin again. 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. In January 2013 issue is whether the 1972 ERA formally died on 30. 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