Title: Expressing the sense of the House of Representatives that the article of amendment (commonly known as the "Equal Rights Amendment") to the Constitution is valid.
Policy area: Civil Rights and Liberties, Minority Issues

Summary:
This resolution expresses the sense of the House of Representatives that the proposed constitutional amendment known as the Equal Rights Amendment has been duly proposed by Congress and ratified by the states and is therefore valid as the Twenty-Eighth Amendment to the Constitution. (The proposed amendment prohibits the United States or any state from denying or abridging equal rights under the law on account of sex.)

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 891 Introduced in House (IH)]

<DOC>






117th CONGRESS
  2d Session
H. RES. 891

 Expressing the sense of the House of Representatives that the article 
of amendment (commonly known as the ``Equal Rights Amendment'') to the 
                         Constitution is valid.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 28, 2022

  Ms. Speier (for herself, Ms. Pelosi, Mrs. Carolyn B. Maloney of New 
 York, Ms. Kaptur, Ms. Schakowsky, Ms. Jackson Lee, Mr. Connolly, Mr. 
    Espaillat, Mr. Takano, Mr. Rush, Ms. Velazquez, Mr. Suozzi, Ms. 
Escobar, Ms. McCollum, Mr. Garamendi, Ms. Lee of California, Ms. Moore 
of Wisconsin, Mr. Lieu, Ms. Jacobs of California, Mr. Correa, Ms. Lois 
 Frankel of Florida, Mr. Peters, Mr. Costa, Ms. Titus, Ms. Norton, Mr. 
 Brown of Maryland, Ms. Bonamici, Ms. Roybal-Allard, Mr. Pallone, Mr. 
Payne, Mrs. Watson Coleman, Mrs. Lee of Nevada, Mr. Evans, Mr. Danny K. 
 Davis of Illinois, Mr. Blumenauer, Ms. Clarke of New York, Mr. Gomez, 
  Mr. Sarbanes, Ms. Dean, Mr. Cooper, Ms. Stansbury, Mr. Carson, Mrs. 
 Hayes, Mr. Trone, Ms. Wexton, Ms. Ross, Mr. Sablan, Ms. Barragan, Mr. 
   Gallego, Mr. Cardenas, Mrs. Lawrence, Ms. Meng, Mrs. Trahan, Ms. 
Wasserman Schultz, Mr. DeSaulnier, Mr. Stanton, Mr. Torres of New York, 
   Ms. Chu, Mr. Kind, Mr. Ruppersberger, Mr. Johnson of Georgia, Mr. 
Carbajal, Mr. Schrader, Mr. Krishnamoorthi, Mr. Thompson of California, 
Mr. Malinowski, Ms. Newman, Mrs. Fletcher, Mr. Foster, Ms. DelBene, Mr. 
  Castro of Texas, Mr. Schiff, Ms. Brown of Ohio, Ms. Spanberger, Mr. 
Lynch, Mr. Casten, Ms. Scanlon, Mr. Kahele, Mr. McGovern, Mr. Soto, Ms. 
 Leger Fernandez, Mr. DeFazio, Mrs. Kirkpatrick, Ms. Adams, Ms. Bass, 
Ms. DeLauro, Mrs. Dingell, Ms. Kuster, Mr. O'Halleran, Ms. Pingree, Ms. 
    Brownley, Mr. Crist, Mr. Horsford, Ms. Matsui, Mrs. McBath, Ms. 
 Bourdeaux, Ms. Eshoo, Mr. Smith of Washington, Ms. Kelly of Illinois, 
Miss Rice of New York, Ms. Jayapal, Mr. Lawson of Florida, Ms. Johnson 
of Texas, Ms. Manning, Mr. Bowman, Mr. Crow, Mr. Vargas, Ms. Wilson of 
 Florida, Mr. Welch, Mr. Sean Patrick Maloney of New York, Ms. Sewell, 
Mr. Khanna, Mr. Swalwell, Mr. Butterfield, Mr. Raskin, Mr. Auchincloss, 
 Ms. Schrier, Ms. Plaskett, Mrs. Torres of California, Mr. Mrvan, Mr. 
    Kildee, Ms. Clark of Massachusetts, Ms. Lofgren, Mr. Larson of 
  Connecticut, Mr. Jones, Mr. Lowenthal, Mrs. Beatty, Ms. Williams of 
   Georgia, Mr. Kilmer, Ms. Stevens, Ms. Houlahan, Mr. McEachin, Mr. 
Panetta, Mrs. Bustos, Ms. Sanchez, Ms. Slotkin, Mr. Levin of Michigan, 
Mr. Perlmutter, Mr. McNerney, Mr. Cohen, Ms. Underwood, Mr. Pappas, Mr. 
  Schneider, Mr. Tonko, Ms. Blunt Rochester, Mr. Lamb, Mr. Larsen of 
    Washington, Mr. Grijalva, Ms. Garcia of Texas, Mr. Yarmuth, Ms. 
   Pressley, Mr. Aguilar, Mr. Phillips, Mr. Case, and Mrs. Demings) 
submitted the following resolution; which was referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                               RESOLUTION


 
 Expressing the sense of the House of Representatives that the article 
of amendment (commonly known as the ``Equal Rights Amendment'') to the 
                         Constitution is valid.

Whereas \2/3\ of each House of the 92d Congress duly proposed in 1972 an article 
        of amendment (commonly known as the ``Equal Rights Amendment'') to the 
        Constitution that provides the following:
    ``Section 1. Equality of rights under the law shall not be denied or 
abridged by the United States or by any State on account of sex.
    ``Sec. 2.  The Congress shall have the power to enforce, by appropriate 
legislation, the provisions of this article.
    ``Sec. 3.  This amendment shall take effect two years after the date of 
ratification.'';
Whereas the Equal Rights Amendment provides a stronger constitutional basis for 
        combating sex discrimination and provides Congress with more authority 
        to enact laws that ensure sex equality;
Whereas the House of Representative passed the Equal Rights Amendment on October 
        12, 1971, with a vote of 354 yeas and 24 nays (with 51 not voting), the 
        Senate passed the Equal Rights Amendment on March 22, 1972, by a vote of 
        84 yeas and 8 nays (with 7 not voting), and the amendment was sent to 
        the States for ratification;
Whereas the legislatures of more than \3/4\ of the several States have ratified 
        the proposed article of amendment to the Constitution, including:

    (1) Hawaii (March 22, 1972);

    (2) New Hampshire (March 23, 1972);

    (3) Delaware (March 23, 1972);

    (4) Iowa (March 24, 1972);

    (5) Idaho (March 24, 1972);

    (6) Kansas (March 28, 1972);

    (7) Nebraska (March 29, 1972);

    (8) Texas (March 30, 1972);

    (9) Tennessee (April 4, 1972);

    (10) Alaska (April 5, 1972);

    (11) Rhode Island (April 14, 1972);

    (12) New Jersey (April 17, 1972);

    (13) Colorado (April 21, 1972);

    (14) West Virginia (April 22, 1972);

    (15) Wisconsin (April 26, 1972);

    (16) New York (May 18, 1972);

    (17) Michigan (May 22, 1972);

    (18) Maryland (May 26, 1972);

    (19) Massachusetts (June 21, 1972);

    (20) Kentucky (June 27, 1972);

    (21) Pennsylvania (September 27, 1972);

    (22) California (November 13, 1972);

    (23) Wyoming (January 26, 1973);

    (24) South Dakota (February 5, 1973);

    (25) Oregon (February 8, 1973);

    (26) Minnesota (February 8, 1973);

    (27) New Mexico (February 28, 1973);

    (28) Vermont (March 1, 1973);

    (29) Connecticut (March 15, 1973);

    (30) Washington (March 22, 1973);

    (31) Maine (January 18, 1974);

    (32) Montana (January 25, 1974);

    (33) Ohio (February 7, 1974);

    (34) North Dakota (February 3, 1975);

    (35) Indiana (January 18, 1977);

    (36) Nevada (March 22, 2017);

    (37) Illinois (May 30, 2018); and

    (38) Virginia (January 27, 2020);

Whereas no time limit exists within the text of the proposed amendment that was 
        ratified by more than \3/4\ of the States;
Whereas the Fourteenth Amendment in 1868 was published to the Constitution 
        despite 2 States purporting to rescind their ratifications;
Whereas the Archivist of the United States has a statutory and ministerial duty 
        to certify that a proposed amendment to the Constitution is valid and 
        has become part of the Constitution once it is ratified by more than \3/
        4\ of the States; and
Whereas section 3 of the Equal Rights Amendment states that the amendment shall 
        take effect 2 years after the last constitutionally necessary State 
        ratification occurs, which was January 27, 2020: Now, therefore, be it
    Resolved, That it is the sense of the House of Representatives that 
the article of amendment to the Constitution relating to the equality 
of rights (commonly known as the ``Equal Rights Amendment''), duly 
proposed by \2/3\ of each House of the Congress and ratified by more 
than \3/4\ of the several States, has met the requirements of the 
Constitution and become valid to all intents and purposes as a part of 
the Constitution, and shall be known as the ``Twenty-Eighth Amendment 
to the Constitution''.
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