What happened to the Equal Rights Amendment in 1972?

Asked by: Vincenza Bernier III  |  Last update: March 30, 2026
Score: 4.3/5 (68 votes)

The Equal Rights Amendment (ERA) passed by Congress in 1972 did not become a constitutional amendment because it failed to get the required 38 states to ratify it by the extended 1982 deadline, though 35 states did ratify it, with Virginia becoming the 38th in 2020, sparking ongoing legal debates and efforts to add it to the Constitution today, notes the National Archives and Smithsonian Institution.

What happened to the Equal Rights Amendment proposed in 1972?

The ERA failed to meet the requisite number of state ratifications (38) by Congress' deadline of June 30, 1982, so it was not adopted as a Constitutional amendment. In January 2020, Virginia became the 38th state to ratify the ERA. However, pending legal challenges, the amendment's future remains uncertain.

Why did the Equal Rights Amendment fail?

In opposition. Many opponents of the ERA focus on the importance of traditional gender roles. They argued that the amendment would guarantee the possibility that women would be subject to conscription and be required to have military combat roles in future wars if it were passed.

What was the 1972 Equal Rights Amendment?

The Equal Rights Amendment (ERA) is the 28th Amendment to the United States Constitution, which protects the equality of rights under the law regardless of sex. While the ERA is fully ratified and was recognized by a US President as the law of the land, it has yet to be officially published in the Constitution.

Why has the Equality Act not been passed?

The Equality Act would need at least 67 votes in the Senate, where Democrats have a slim majority, to overcome a filibuster. The bill failed to garner enough bipartisan support in the upper chamber after it was passed by the House in 2021, and the current version of the bill, introduced in June by Sen.

Justice Dept. Says 1972 Equal Rights Amendment Is Dead, 'States and Congress Cannot Resurrect It'

29 related questions found

What was the leading reason that the Equal Rights Amendment failed to gain ratification?

Despite winning congressional approval, the proposed amendment was not ratified by the required two-thirds majority of the states, in part because critics feared that protecting against gender discrimination would confuse gender distinctions and, therefore, legitimize homosexuality.

Has the Senate voted on the Fairness Act yet?

The bipartisan bill overwhelmingly passed the both the U.S. House of Representatives and the U.S. Senate by votes of 327-75 and 76-20, respectively.

Who stopped the Equal Rights Amendment?

Phyllis Schlafly. Phyllis Stewart Schlafly (/ˈʃlæfli/; born Phyllis McAlpin Stewart; August 15, 1924 – September 5, 2016) was an American attorney and activist who was nationally prominent in conservatism.

What 5 states rescinded the Equal Rights Amendment?

By 1977, only 35 states had ratified the ERA. Though Congress voted to extend the ratification deadline by an additional three years, no new states signed on. Complicating matters further, lawmakers in five states — Nebraska, Tennessee, Idaho, Kentucky, and South Dakota — voted to rescind their earlier support.

Can the ERA still be ratified?

Even after the 38th state ratifies, the remaining states continue to have the opportunity to ratify the amendment. as valid.

What was the primary purpose of the failed equal rights?

Eliminate all legal distinctions based on sex.

What were the two failed amendments?

Congress then approved the “final” Bill of Rights, as a joint resolution, on September 25, 1789. But the 12 amendments didn't all make it through the state ratification process. And in fact, the original First and Second Amendments fell short of approval by enough states to make it into the Constitution.

What was the reason the Equal Rights Amendment did not become part of the US Constitution?

The Equal Rights Amendment failed when its time limit expired before it could be ratified by 34 states; several states have also moved to rescind their previous approvals.

What law was passed in 1972?

Title IX of the Civil Rights Act was signed into law on June 23, 1972 by President Richard M. Nixon. However, Title IX began its journey through all three branches of government when Representative Patsy T. Mink, of Hawaii, who is recognized as the major author and sponsor of the legislation, introduced it in Congress.

Who was president when the Equal Rights Amendment was passed?

This photograph shows President Jimmy Carter signing the House of Representative resolution proposing the Equal Rights Amendment (ERA) before it was sent to the states for ratification in 1978.

Who opposed the Equal rights Act?

Phyllis Schlafly, a conservative activist, commentator, and author, led a successful campaign against the ratification of the Equal Rights Amendment in the 1970s.

Which state never ratified the Equal Rights Amendment?

The 15 states that did not ratify the Equal Rights Amendment before the 1982 deadline were Alabama, Arizona, Arkansas, Florida, Georgia, Illinois, Louisiana, Mississippi, Missouri, Nevada, North Carolina, Oklahoma, South Carolina, Utah, and Virginia.

Which two states originally rejected the Constitution?

Securing the ninth state was not going to be an easy task. In fact, North Carolina and Rhode Island did not ratify the Constitution until November 1789 and May 1790, respectively. They did so only after the First Congress sent 12 amendment proposals to the states for ratification.

What states did not ratify women's right to vote?

Much of the opposition to the amendment came from Southern Democrats; only two former Confederate states (Texas and Arkansas) and three border states voted for ratification, with Kentucky and West Virginia not doing so until 1920. Alabama and Georgia were the first states to defeat ratification.

Who was a key opponent of the Equal Rights Amendment?

The primary figure for the ERA's opposition was Phyllis Schlafly and her STOP ERA organization. STOP ERA stood for Stop Taking Our Privileges Equal Rights Amendment. Schlafly held demonstrations before the legislature and rallied women to persuade legislators to oppose the amendment in strategic states.

Who opposed the women's rights movement?

The National Association Opposed to Woman Suffrage (NAOWS) was the first national organization of women who challenged the fight for women's suffrage. Several state associations assembled for an anti-suffrage convention in New York City and formed the NAOWS.

What was the problem with the Equal Rights Amendment?

The ERA would likely endanger women's equality. The reason is that the ERA would likely prohibit government from acting “on account of sex” and, therefore, from acting on account of or in response to sex inequality. Put simply, government would have to ignore sex, including sex inequality.

How much will my Social Security go up with the Fairness Act?

Your Social Security benefit could increase significantly under the Social Security Fairness Act, with some seeing an average of $360 more monthly, while others could get over $1,000 extra, as the Act removes unfair penalties (WEP/GPO) for public servants; you should also receive retroactive payments for lost benefits from 2024, with average lump sums around $6,710. The exact amount depends on your specific work history and pension, but it generally benefits those with public sector jobs (teachers, police, firefighters) who also earned pensions outside of Social Security. 

Why won't Congress fix Social Security?

The Democratic plans call for restoring solvency entirely by increasing revenue. The major Republican plans would restore solvency entirely by reducing benefits. Both parties have been reluctant to move Social Security legislation because doing so would come with political pain: raising taxes or cutting benefits.

What legislation did Joe Biden pass?

President Biden passed significant legislation, notably the Inflation Reduction Act (climate, energy, healthcare, taxes), the Bipartisan Infrastructure Law (roads, bridges, broadband), the Bipartisan Safer Communities Act (gun safety), and the Honoring Our PACT Act (veterans' toxic exposure benefits), alongside the earlier American Rescue Plan (COVID relief). He also signed numerous smaller bills, including the Social Security Fairness Act and laws addressing child abuse and congressional ethics.