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senate Bill S. Joint Res. 15

Does Congress Need to Get Rid of the Deadline for Ratifying the Equal Rights Amendment?

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!

Jim2423's Opinion
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08/22/2015
Let's all grow up and end this once and for all. We are all Americans.
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operaman's Opinion
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08/21/2015
Constitutional amendment guaranteeing equal rights for all regardless of their sex. BUT there is no sex anymore. Divers license dropping sex. Birth certificates drop M or F. Mother/Father becomes Parent1/Parent2. Boys use girls bathrooms. Transgendered using whatever bathrooms they wish. Men dressing like women or women like men. LGBT/homosexuals adopt heterosexual's babies. We are heading into a sexless civilization. So how can there be equal rights? Unless there is a XX or XY tattoo on each persons forehead, I GIVE UP.
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Jared's Opinion
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12/30/2015
The only value of time limits to ratification are for states to stall a vote to kill the amendment without having to vote it down (if it is a political hot potato and you are in political power but actually represent the desires of the minority- or only yourself- you can either hold a vote to ratify, not to ratify, or...simply allow it to expire and then you were just too busy with "state matters" and simply didn't get around to it). In this case, the ERM is something the Republican party (representing the significant minority of the population) work very hard to suppress and ratification time limits give them the ability to shut down the ratification without that pesky democratic process of holding a vote.
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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.

Marvin's Opinion
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08/23/2015
We need to pass an equal rights amendment. No more extentions.
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Sid's Opinion
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04/03/2016
That was congresses mistake to extend it. No sympathy whatsoever.
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Frank's Opinion
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07/01/2016
We already have such an amendment: the 14th with its Equal Protection clause.
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What is Senate Bill S. Joint Res. 15?

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!

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 Senate Bill S. Joint Res. 15

A CBO cost estimate is unavailable.

More Information

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:

Summary by Eric Revell
(Photo Credit: Flickr user David)

Official Title

A joint resolution removing the deadline for the ratification of the equal rights amendment.

joint resolution Progress

  • Not enacted
    The President has not signed this bill
  • The house has not voted
  • The senate has not voted
      senate Committees
      Committee on the Judiciary
    IntroducedMay 7th, 2015
    Jim2423's Opinion In Favor
    ···
    08/22/2015
    Let's all grow up and end this once and for all. We are all Americans.
    Like (9)
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    Marvin's Opinion Against
    ···
    08/23/2015
    We need to pass an equal rights amendment. No more extentions.
    Like (8)
    Follow
    Share
    operaman's Opinion In Favor
    ···
    08/21/2015
    Constitutional amendment guaranteeing equal rights for all regardless of their sex. BUT there is no sex anymore. Divers license dropping sex. Birth certificates drop M or F. Mother/Father becomes Parent1/Parent2. Boys use girls bathrooms. Transgendered using whatever bathrooms they wish. Men dressing like women or women like men. LGBT/homosexuals adopt heterosexual's babies. We are heading into a sexless civilization. So how can there be equal rights? Unless there is a XX or XY tattoo on each persons forehead, I GIVE UP.
    Like (7)
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    Share
    Sid's Opinion Against
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    04/03/2016
    That was congresses mistake to extend it. No sympathy whatsoever.
    Like (5)
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    Frank's Opinion Against
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    07/01/2016
    We already have such an amendment: the 14th with its Equal Protection clause.
    Like (4)
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    Jared's Opinion In Favor
    ···
    12/30/2015
    The only value of time limits to ratification are for states to stall a vote to kill the amendment without having to vote it down (if it is a political hot potato and you are in political power but actually represent the desires of the minority- or only yourself- you can either hold a vote to ratify, not to ratify, or...simply allow it to expire and then you were just too busy with "state matters" and simply didn't get around to it). In this case, the ERM is something the Republican party (representing the significant minority of the population) work very hard to suppress and ratification time limits give them the ability to shut down the ratification without that pesky democratic process of holding a vote.
    Like (4)
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    Sara's Opinion In Favor
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    01/25/2017
    80% of women believe they are protected by the Federal US Constitution from sexual discrimination but guess what we're not. According to Supreme Court Justice Antonin Scalia the equal protection clause of the 14th Amendment to the U.S. Constitution does not protect against discrimination on the basis of gender or sexual orientation. "The only issue is whether it prohibits it. It doesn’t. Nobody ever thought that that’s what it meant. Nobody ever." 94% of Americans believe that men and women should be equal. Yes that's right, we actually forgot to actually give men and women equal rights under the law....
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    AndrewGVN's Opinion In Favor
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    09/14/2015
    It's time we end the deadlines, and approve it once and for all.
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    John's Opinion Against
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    08/21/2015
    Sorry. If you imposed a time limit for ratification, then that is the law. If you have not got the votes after 43 years, it is time to start over. The States that ratified early are now led by an entirely different State Reps and State Senators and the population could be made up of an entirely different democraphic. If you want it to be open ended, change the amendment when you submit it the next time.
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    Englanddh2's Opinion Against
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    10/25/2015
    If there is a time limit set by Congress, then that should be it. If Congress feels this is still a necessary issue, then draft another Amendment.
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    Heather's Opinion In Favor
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    01/14/2016
    Our representatives need to get off their tears and sign this already. That said, they haven't because too many are hoping that if they force it to start over often enough, supporters will give up. Time to have them put up or shut up, but in the meantime, not give the opponents what they need to kill a necessary and wanted bill.
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    LanceCarricoFL's Opinion Against
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    03/02/2016
    This must be implemented in all 50 states ASAP.
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    abbyrose's Opinion In Favor
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    02/02/2017
    It's time for an amendment to the constitution guaranteeing rights for the other half of the people in the US. Extend the time limit and Pass the ERA.
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    Rick's Opinion Against
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    08/22/2015
    Let's ask the Supreme Court. They make up rules as they go along.
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    Delaware57's Opinion In Favor
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    05/31/2016
    Get rid of era, all people are protected, labeling is part of the problem
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    GabeWatson's Opinion In Favor
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    10/24/2015
    I cannot believe that we are spending any time on this. We have more pressing issues.
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    Anthony's Opinion In Favor
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    08/26/2015
    this should have been done already but time should be on its side if nothing else
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    Ian's Opinion Against
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    03/03/2016
    Get the job done. The most powerful country in the world should have figured this out by now.
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    Elinor's Opinion Against
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    02/13/2016
    Why treat this proposed amendment differently than others? Is it only because some politician wants to make his/her name better known to the public by jumping on the women's rights band wagon?
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    August guy's Opinion In Favor
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    03/03/2016
    Support the ERA, it was introduced by President Jimmy Carter in the 1970s why hasn't this become part of the law.
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