The journey towards the Equal Rights Amendment (ERA) has its roots over a century ago when suffragist Alice Paul introduced the idea shortly after the 19th Amendment was ratified, allowing women the right to vote. The ERA aims to explicitly affirm gender equality within the Constitution, and if recognized as the 28th Amendment, it would ensure that such rights are clearly stated.
Recently, President Joe Biden called for the ERA to be acknowledged as a ratified part of the Constitution. His announcement holds particular significance, although it remains largely symbolic; the National Archives has indicated it cannot officially certify the amendment due to the fact that it included a ratification deadline that was not satisfied.
Here is a timeline highlighting critical milestones in the pursuit of the Equal Rights Amendment:
On December 10, 1923, Alice Paul’s original draft of the ERA was presented in Congress by Senator Charles Curtis, a Republican from Kansas. The initial text asserted: “Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction. Congress shall have power to enforce this article by appropriate legislation.”
Fast forward to March 22, 1972, the Senate aligns with the House by passing a revised version of the ERA that included a seven-year timeline for states to ratify it. This iteration proclaimed, “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” Soon after, Hawaii became the first state to ratify the amendment.
On October 6, 1978, both chambers of Congress approved an extension, moving the deadline for ratification to June 30, 1982. However, by this deadline, three states had failed to ratify the ERA, falling short of the necessary 38 for it to become law, which led to the deadline passing unfulfilled on June 30, 1982.
In January 2020, the Justice Department determined that, due to the two expired deadlines set by Congress, it was too late for additional states to ratify the ERA. However, just weeks later, on January 27, Virginia stepped in as the pivotal 38th state to ratify the amendment.
Following this, on February 10, 2020, Supreme Court Justice Ruth Bader Ginsburg advised those in favor of the ERA to start anew rather than attempting to revive the efforts of the 1970s. Subsequently, on February 13, 2020, the House passed a measure by a vote of 232-183, aimed at eliminating the 1982 deadline in hopes of rejuvenating the Equal Rights Amendment.
The ongoing legal proceedings featured a significant ruling on February 28, 2023, when a federal appeals court dismissed a lawsuit by two Democratic-led states seeking to compel the U.S. archivist to publish and certify the ERA as part of the Constitution.
Additionally, on April 27, 2023, Senate Republicans thwarted a Democratic initiative to eliminate the 1982 ratification deadline. Finally, on December 17, 2024, the U.S. archivist and deputy archivist issued a rare joint statement asserting that the ERA could not be certified without further legislative or judicial action.
Most recently, on January 17, 2025, President Biden reiterated the stance that the ERA should be regarded as a ratified addition to the Constitution, a statement that carries symbolic weight but does not resolve the ongoing controversy surrounding the amendment’s ratification.
