The ERA in the Current 118th Congress

The text of the ERA Joint Resolution pending in the Senate as S.J. Res 4 and in the House as H.J. Res 25 is as follows:

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That notwithstanding any time limit contained in House Joint Resolution 208, 92nd Congress, as agreed to in the Senate on March 22, 1972, the article of amendment proposed to the States in that joint resolution is valid to all intents and purposes as part of the Constitution having been ratified by the legislatures of three-fourths of the several States.

In the United States Senate:

  • The ERA Joint Resolution was introduced on January 24, 2023, by Senator Ben Cardin (D-MD). 
  • The full Judiciary Committee held a hearing on February 28, 2023, chaired by Senator Dick Durbin entitled The Equal Rights Amendment: How Congress Can Recognize Ratification and Enshrine Equality in Our Constitution
  • On April 27, 2023, Senate Majority Leader Chuck Schumer called for a vote on the ERA Joint Resolution that resulted in 51 yes votes by all Democratic Senators and included Republican Senators Susan Collins of Maine and Lisa Murkowski of Alaska and 47 no votes. Senator Schumer voted no so that he could again bring the ERA to the Senate floor before the 118th Congress adjourns in December 2024. Two Senators were absent, Diane Feinstein of California and Mike Lee of Utah.

In the United States House of Representatives:

  • The ERA Joint Resolution, H.J. Res 25, was introduced on January 31, 2023, by Representative Ayanna Pressley (D-MA) and was referred to the House Judiciary Committee where there has been no further action.
  • H.J. Res 25 has 215 co-sponsors (as of November 12, 2024) including Republicans Brian Fitzpatrick of Pennsylvania and Mike Lawler of New York.
  • On July 18, 2023, Representative Pressley filed a Motion to Discharge the Committee on Judiciary from the consideration of H.J. Res 25, a joint resolution removing the deadline for the ratification of the equal rights amendment. 

An earlier ERA Discharge Petition in 1970:

  • A 1970 discharge petition strategy, similar to the one pending today, was used by Representatives Martha Griffiths (D-MI), Shirley Chisholm (D-NY) and then Republican Minority Leader Gerald Ford (R-MI) to secure a vote on the pending Equal Rights Amendment.
  • As the Republican leader, Gerald Ford was instrumental in lining up signatures for a discharge petition that would require moving the ERA from the Judiciary Committee to the floor of the House of Representatives for a vote. The discharge petition was introduced by Griffiths, a close colleague of Ford, at a time when both supported a bipartisan approach to passing legislation.
  • At the time, Representative Emanuel Celler, a Democrat from New York, was the powerful chairman of the House Judiciary Committee and refused to hold a hearing on the ERA for over 30 years. With the support of Ford and other Republicans, the ERA discharge petition was signed by a majority of House members. 
  • Following the success of Griffiths’ discharge petition, the ERA was passed by the House. However, the Senate attempted to add provisions exempting women from the draft, which effectively killed the chances of the ERA passing that session.
  • After some changes to the wording of the amendment, Griffiths re-introduced the ERA in the 92nd Congress as H.J. Res 208. The ERA, as introduced by Griffiths, was approved by two-thirds of the House on October 12, 1971. Two-thirds of the Senate approved an identical version on March 22, 1972.

Sources:  Congress.gov, Gerald R. Ford Presidential Library, CQ Press/Library of Congress, National Archives