This year marks the 100th anniversary of the Equal Rights Amendment. Its ratification status remains unresolved. Courts and lawmakers are weighing state votes cast long after the official deadline passed.
A Simple Promise, Still Unfulfilled
The Equal Rights Amendment Is 100 Years Old—So Why Still Isn’t It in the Constitution? is a proposed constitutional amendment that would forbid denying or abridging equal rights on account of sex. Congress passed it in 1972; however, only 35 of the required 38 states ratified the amendment by 1982.
Lawmakers first drafted the measure in 1923. Its full text runs just a few lines. It would prohibit legal discrimination based on sex nationwide.
Why the Ratification Process Broke Down
Amending the Constitution takes a two-thirds majority in each chamber of Congress. It also requires approval from 38 of the 50 states. Congress attached a seven-year window when it sent the ERA to the states in 1972.
That deadline expired in 1982. Supporters never stopped pushing. Nevada approved the amendment in 2017, Illinois followed in 2018, and Virginia did the same in 2020.
Counting those later votes gives the ERA 38 total ratifications. Excluding them leaves the amendment short. Five states also voted to withdraw earlier approvals. No federal official has certified the outcome, so the dispute now sits with judges. Research shows the conflict is procedural, not political.
Possible Ways Forward
Congress could pass a resolution to remove the ratification deadline. Courts could decide whether late state votes still count. Some states are adopting their own equal rights guarantees while they wait. A final resolution could take years.
The Equal Rights Amendment Is 100 Years Old—So Why Still Isn’t It in the Constitution? is a question about timing and counting rules. After 100 years, the amendment's path forward depends on process as much as principle.
Does the ERA have 38 ratifications?
On paper, yes. Counting Nevada, Illinois, and Virginia, the total reaches 38. Opponents note that five states rescinded earlier votes, and the amendment has never been certified.
Could Congress start over with a new deadline?
Lawmakers can pass a resolution to remove the 1982 cutoff. The process could also restart, but that requires two-thirds majorities in both chambers.
