The ERA, originally introduced in Congress in 1923, gained popularity in the mid-1960s. In March 1972, it cleared the first of two hurdles: passing both chambers of Congress by the required two-thirds vote.
Thirty state legislatures ratified it the next year. Congress extended by three years its seven-year deadline for ratification, but the decade passed without approval by the required 38 states. ERA backers have since introduced the resolution in every Congress, but only now do they believe they have a realistic chance of success.
Legal scholars debate whether the 35 state votes to ratify the amendment are still valid.
In 1997, three professors argued in the William and Mary Journal of Women and the Law that the ERA remained viable because in 1992 the Madison Amendment -- which affects congressional pay raises -- became the 27th constitutional amendment 203 years after it first won congressional approval. Under that precedent, advocates say, the ERA should become part of the Constitution once three-quarters of the states ratify it, no matter how long that takes.
Even backers of the amendment such as Rep. Jerrold Nadler (D-N.Y.) expect a legal battle on that question. They are reintroducing the amendment in Congress and hope to start the ratification process again from scratch.
I haven't seen a good reason why it shouldn't be passed. It does seem to me to be a fundamental right.
Cheers,
Scott.