Why Was the Equal Rights Amendment Not Ratified After Congress Passed It?
Meta description: Learn why the Equal Rights Amendment did not become part of the Constitution after Congress approved it, including the ratification deadline, state actions, and ongoing legal dispute.
Congress approved the Equal Rights Amendment (ERA) in 1972 and sent it to the states for ratification. Yet the amendment was not formally added to the Constitution. The main reasons were that it fell short of the required state count by the deadline set by Congress, and later efforts to revive it raised unresolved legal questions. Although three additional states eventually voted to ratify, disputes over the deadline and earlier state withdrawals have kept the ERA’s status contested.
The word “ratified” can refer to different stages of the process, which is why news coverage sometimes sounds contradictory. A state legislature may vote to ratify an amendment, and the state may send its documentation to federal officials. That is a state-level action. It does not, by itself, resolve whether the amendment has met all federal requirements or whether it can be officially recognized as part of the Constitution.
Similarly, saying that the ERA has received votes from 38 states describes the total number of states that have approved it at some point. It does not settle the legal effect of the deadline or the rescissions. For a proposed amendment to become part of the Constitution, the ratifications must be valid under the applicable rules and formally recognized through the constitutional process.
For that reason, the most precise description is that 38 states have ratified the ERA at some point, but the amendment has not been certified and published as part of the Constitution. The underlying legal questions remain contested.
Key Events in the ERA Ratification Timeline
| Event | What Happened | Why It Matters |
|---|---|---|
| 1972 | Congress approved the ERA and sent it to the states, with a seven-year deadline. | States began the ratification process. |
| 1979 | The original deadline arrived; Congress had extended it to June 30, 1982. | The extension’s validity became part of the legal debate. |
| 1982 | The extended deadline passed with 35 ratifications. | The ERA remained three states short under the deadline-based count. |
| 2017–2020 | Nevada, Illinois, and Virginia ratified the ERA. | The total reached 38 states, but the votes came after the deadline. |
| 2020 | The Justice Department’s Office of Legal Counsel advised that the expired deadline prevented certification. | The National Archivist did not certify the ERA. |
What Would Happen If the ERA Were Recognized?
If the ERA were formally recognized as an amendment, it would become part of the Constitution and could guide courts reviewing government action involving sex-based distinctions. Congress could also use the enforcement authority described in the amendment to adopt implementing laws. The effects would depend on the amendment’s interpretation rather than being automatic or identical in every case.
Existing federal and state laws already prohibit many forms of sex discrimination. For example, federal statutes address discrimination in employment and education. The ERA’s supporters say constitutional protection would provide a stronger and more consistent foundation, especially where statutory protections are limited or subject to change. Critics question the amendment’s potential consequences and argue that existing laws and constitutional interpretations already provide substantial protections.
Any claim that the ERA would immediately change a particular law or policy should therefore be treated cautiously. Constitutional amendments are interpreted in context, and courts would determine how the text applies to specific disputes.
Reliable Sources for Following the ERA’s Status
Readers can check primary and institutional sources for updates and legal background. Useful starting points include the National Archives’ overview of constitutional amendments, the Congressional Record and bill information at Congress.gov, and the Department of Justice’s published Office of Legal Counsel opinions. These sources help distinguish state ratification actions, congressional proposals, executive-branch interpretations, and judicial decisions.
The central answer to why the ERA was not ratified after Congress passed it is that it did not receive the required 38 state ratifications by the deadline Congress set. Three more states later ratified, but their votes reopened rather than resolved the dispute: the deadline’s legal effect, state rescissions, and the authority to certify the amendment remain contested. Until those issues receive an authoritative resolution, the ERA is not formally recognized as part of the U.S. Constitution.