In 2017, the state of Nevada became the 36th state to ratify the Equal Rights Amendment. 38 states are required for ratification.
While the Arizona House voted to recess rather than debate the ERA this week, the Illinois Senate voted to ratify the ERA. Illinois Senate approves federal Equal Rights Amendment, more than 35 years after the deadline:
The Illinois Senate on Wednesday voted to ratify the Equal Rights Amendment to the U.S. Constitution, renewing a push from decades ago amid the #MeToo movement to guarantee that rights can’t be denied because of a person’s sex.
The vote came about 36 years after the amendment appeared to die after just 35 states ratified it, three short of what was needed by the 1982 deadline. That means Illinois’ approval could be largely symbolic. Still, advocates have pushed for a “three-state solution,” contending Congress can extend the deadline and the amendment should go into effect if three additional states vote in favor.
Note: First enacted in 1972 by Congress, the ERA legislation required that the measure be ratified by three-fourths of the states (38) within seven years. That deadline was later extended 10 years to 1982. There was federal court litigation over the deadline extension at the time. But the U.S. Constitution contains no time limit for ratification of constitutional amendments. In fact, subsequent to the ERA the 27th Amendment to the Constitution prohibiting immediate congressional pay raises was ratified 203 years after its introduction. This called into question the soundness of earlier federal court decisions on the ERA deadline. It is still a contested legal issue. Congress can also vote to remove the deadline language, and a bill has been introduced to do so.
The amendment passed on a vote of 43-12, with no debate on the Senate floor. It now heads to the House, where sponsoring Rep. Lou Lang, D-Skokie, says he is working to build support but warned it’s far from a “slam-dunk.” The House and Senate each have voted in favor in the past, but it has yet to clear both in the same year.