ERA Officially Ratified: Joint Resolution Declares 1972 Equal Rights Amendment Now Part of the Constitution

This joint resolution cuts straight to the chase: it declares that the Equal Rights Amendment (ERA), which was first proposed way back in 1972, is now officially the 28th Amendment to the U.S. Constitution. The core action here is procedural, but the impact is massive. It essentially says that the original time limits set for states to ratify the amendment don't matter anymore, because the required three-fourths of states have already approved it.

The Final Word on a 50-Year Deadline

For decades, the ERA has been stuck in a legal and political limbo because of a deadline Congress attached to the original resolution in 1972. This new joint resolution wipes that clean. It confirms that since 38 states—the magic number required by the Constitution—have ratified the amendment, the ERA is valid and should be considered fully adopted. This is a direct declaration that the procedural hurdles are cleared, giving finality to a debate that has spanned multiple generations.

What Does 'Equality of Rights' Actually Mean Day-to-Day?

The ERA text is simple and powerful: "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." If this resolution successfully establishes the ERA as law, it means that gender equality is now explicitly enshrined in the highest legal document in the land. Think about it this way: Right now, many protections against gender discrimination rely on interpretations of the 14th Amendment or various federal laws. The ERA provides a clear, constitutional baseline.

For the average person, this could impact everything from employment law and pay equity to family leave and even how state courts handle issues like divorce or property rights. For example, if a state law disproportionately harms one gender without a strong justification, the ERA provides a new and powerful legal tool to challenge it. It upgrades gender equality from a legislative goal to a fundamental constitutional right, which makes defending it in court much simpler and stronger.

Clearing the Constitutional Fog

This resolution is less about creating new policy and more about settling an old, complicated piece of constitutional business. The biggest challenge isn't the text of the ERA itself, but the legal precedent this move sets regarding constitutional deadlines. Some legal experts might argue that Congress can't simply ignore a deadline it set decades ago, which could lead to court challenges concerning the validity of this joint resolution. However, for those who have been fighting for the ERA for years, this resolution provides the necessary political and procedural affirmation to move forward, forcing the issue of constitutional recognition now that the required states have acted.