In recent years, opposition has focused on the legal ramifications of the ERA on abortion rights.Ī three-year extension by Congress, a move that separately was legally challenged, did not result in more states ratifying the amendment.ĭecades later, a grassroots movement led by women of color and LGBTQ+ people renewed ratification efforts in state legislatures. Schlafy and others claimed the amendment would remove various legal protections for women. Despite 30 states ratifying the amendment within the first year, a public campaign to oppose the ERA, led in part by Phyllis Schlafy, halted its momentum. Under rules for amending the Constitution, three-fourths of state legislatures, or 38, must ratify an amendment for it to be adopted. (The use of time limits in amendments began in the 1900s, and debate over the ERA in particular advanced in part because of the deadline.) Nearly 50 years ago, Congress gave state legislatures seven years to ratify the amendment. Constitution in August 1980 in New York City. Women demand the ratification of the ERA during a march celebrating the 60th anniversary of the 19th Amendment to the U.S. The effort is stalled in the more evenly split Senate, where it would need 60 votes but just a handful of Republicans have expressed public support. Democrats in Congress overwhelmingly back those efforts, advancing a resolution in the House. The attorneys general also claim in their amicus brief that “Congress lacks authority to impose a timeline for ratification in this manner.” ERA advocates have been lobbying Congress to remove any deadline associated with the amendment. On January 6, Herring issued an opinion that Virginia cannot rescind its 2020 ratification. Herring is leaving office this week after losing reelection in November to Jason Miyares, a Republican former state lawmaker who voted against ratifying the ERA in 2020. The future of Virginia’s legal involvement in the ERA is unclear. “The Equal Rights Amendment will finally ensure true equality in our nation’s foundational document and correct an injustice of historic proportions.” “The ERA has been properly ratified by the states and any attempt to prevent its inclusion in the Constitution is without basis in law,” Virginia Attorney General Mark Herring said in a statement. Georgia is ground zero for the fight over voting in 2022, and women of color are on the front lines The 19th Explains: What is the Equal Rights Amendment and will it become part of the Constitution?