A joint resolution establishing the ratification of the Equal Rights Amendment.
- Bill Number
- S.J.Res. 38
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Civil Rights and Liberties, Minority Issues
- Status
- Introduced
- Latest Action
- 2025-03-25: Read twice and referred to the Committee on the Judiciary.
- Last Updated
- 2025-12-06T06:29:00Z
AI-Generated Summary
Purpose
This joint resolution (S.J. Res. 38) seeks to affirm the Equal Rights Amendment (ERA) as a valid part of the U.S. Constitution by declaring it ratified, despite a deadline in the original proposal that has expired. The ERA is a proposed constitutional amendment aimed at guaranteeing equal legal rights regardless of sex (meaning gender).
Key Provisions
- The resolution overrides the time limit set in House Joint Resolution 208 from the 92nd Congress (passed by the Senate in 1972), which proposed the ERA and included a seven-year deadline for ratification by states.
- It declares the ERA valid "to all intents and purposes" as a constitutional amendment because it has been ratified by the legislatures of three-fourths (38) of the states, meeting the constitutional threshold under Article V of the U.S. Constitution.
Significant Changes to Existing Law
- Removes the barrier of the expired ratification deadline, which had previously prevented the ERA from becoming part of the Constitution despite sufficient state approvals (including later ratifications in states like Nevada in 2017, Illinois in 2018, and Virginia in 2020).
- No new text is added to the Constitution; instead, it retroactively validates the original ERA proposal without requiring additional congressional action or further state ratifications.
Potential Impacts
- On citizens: Could strengthen legal protections against sex-based discrimination in areas like employment, education, and family law, making it easier for individuals (particularly women) to challenge unequal treatment in courts under the Constitution.
- On government agencies: Federal and state agencies may need to update policies and enforcement mechanisms to align with constitutional gender equality, potentially increasing litigation and oversight by bodies like the Department of Justice.
- On international relations: Minimal direct impact, though it could enhance the U.S.'s global stance on gender equality in human rights discussions.
Main Stakeholders Affected
- Women and gender equality advocates: Primary beneficiaries, as the ERA would provide a constitutional basis for addressing discrimination based on sex.
- State governments: Those that ratified the ERA (38 states) would see their actions affirmed, while non-ratifying states might face pressure or legal challenges.
- Congress and the judiciary: Congress gains no new powers but could influence implementation through legislation; courts may interpret and enforce the amendment in future cases.
- Civil rights organizations: Groups like the National Organization for Women would likely support enforcement efforts.
Notable Legal, Constitutional, or Political Implications
- Legal: Challenges the precedent of time limits on constitutional amendments (a congressional suggestion, not a constitutional requirement), potentially setting a model for reviving other stalled amendments; could invite lawsuits questioning the resolution's validity under Article V.
- Constitutional: If enacted, the ERA would become the 28th Amendment (following the 27th Amendment on congressional pay, ratified in 1992 after a long delay), embedding sex equality directly in the Constitution alongside other rights like those in the 14th Amendment (equal protection).
- Political: Revives a long-debated issue from the 1970s women's rights movement, possibly polarizing views on gender roles and federal overreach; introduced by Senators Murkowski (R-AK) and Hirono (D-HI), it reflects bipartisan interest but faces hurdles in the Senate Judiciary Committee and potential rescission debates by states that withdrew ratifications.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (3)
Sen. Hirono, Mazie K. [D-HI], Sen. Collins, Susan M. [R-ME], Sen. Van Hollen, Chris [D-MD]
Recent Actions
- 2025-03-25: Read twice and referred to the Committee on the Judiciary.
- 2025-03-25: Introduced in Senate
Bill Versions
- Establishing the ratification of the Equal Rights Amendment. — issued 2025-03-25 — PDF (1 pages)