Does Congress Need to Get Rid of the Deadline for Ratifying the Equal Rights Amendment? (S. Joint Res. 15)

What is S. Joint Res. 15?

(Updated February 26, 2017)

This resolution would eliminate the deadline for states to ratify the Equal Rights Amendment (ERA) — which is a Constitutional amendment guaranteeing equal rights for all regardless of their sex. It essentially holds that time limits on ratifying constitutional amendments are unnecessary and unconstitutional, so the ratification process that ran from 1972 to 1982 is still valid.

The ERA was passed by Congress in 1972 and provided states a seven-year time limit to ratify the amendment, which was then extended to 1982 after six years had elapsed. Once the 1982 deadline arrived, the ERA had been ratified by 35 states — three short of the requirement. Following its failure to achieve ratification before the 1982 deadline, the ERA was reintroduced in Congress by those who believed the ratification process would have to begin anew.

However, there are some — including the sponsor of this legislation — who believe that to be unnecessary. Time limits on constitutional amendments hadn’t been utilized prior to the 18th Amendment, so ratification time limits are a self-imposed restraint rather than a constitutional requirement. Case in point, the 27th Amendment wasn’t ratified until 203 years after Congress passed it and it sent it to the states!

Argument in favor

It makes no sense for the ratification process to start fresh after 35 states have already expressed their approval for a constitutional amendment — especially when Congress had already extended the deadline!

Argument opposed

There may not be a constitutional requirement to place a time limit on the ratification process, but when Congress self-imposes one they need to stick to it. Besides, the ERA had support before, it will again once the process restarts.

Impact

Women and men who face discrimination on the basis of sex, lawmakers and citizens who would otherwise have to begin the ERA ratification process anew, state legislatures, and Congress.

Cost of S. Joint Res. 15

A CBO cost estimate is unavailable.

Additional Info

In-Depth: Sponsoring Sen. Ben Cardin (D-MD) believes “we cannot allow an arbitrary deadline to stand in the way of equal rights for our mothers and daughters, wives and sisters, aunts and grandmothers.”

It is also noteworthy that after their initial ratification of the ERA, five states have rescinded that ratification which would have dropped the tally to 30 of the needed 38 — although it is unclear that such a rescission would be considered constitutionally valid.

The Equal Rights Amendment itself is straightforward enough, and contains three provisions:

• Equality of rights under the shall not be abridged or denied by the United States or by any state on account of sex.

• Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

• This amendment shall take effect two years after the date of ratification.

Media:

• Sponsoring Sen. Ben Cardin (D-MD) Press Release
• CNN
• Equal Rights Amendment (In Favor)
• Feminist Majority Foundation (In Favor)