March 22
U.S. Senate Approves Equal Rights Amendment for State Ratification
The Senate's bipartisan vote sent a long-sought constitutional guarantee of sex equality to the states, capping decades of advocacy and opening a contentious ratification battle.
Summary
The proposed Equal Rights Amendment, originally drafted in 1923 by suffragists Alice Paul and Crystal Eastman, sought explicit constitutional protection against sex-based discrimination. After decades of advocacy and renewed momentum from the second-wave women’s movement, Representative Martha Griffiths reintroduced the measure. The House passed it in 1971, and on March 22, 1972, the Senate approved an identical version by an 84–8 vote, sending the amendment to the states with a seven-year ratification deadline later extended to 1982. President Richard Nixon endorsed the effort. Although 35 states ultimately ratified, the amendment fell three states short of the required 38, leaving its status contested in subsequent legal and political debates.
Context
The push for explicit constitutional language barring sex discrimination dated to the suffrage era. Alice Paul and Crystal Eastman drafted the measure in the early 1920s, and it was introduced in Congress in 1923, where it languished for nearly half a century amid debates over whether existing constitutional provisions or piecemeal statutes offered sufficient protection. By the late 1960s, second-wave feminists had revived the effort, linking it to broader demands for workplace equality, reproductive rights, and an end to legal disabilities such as unequal property and divorce laws.
What Happened
Representative Martha Griffiths of Michigan reintroduced the resolution in the House in 1971. After committee consideration and floor debate, the House approved it on October 12 by a vote of 354 to 24. The measure then moved to the Senate, where Senator Birch Bayh of Indiana, chair of the Judiciary Subcommittee on Constitutional Amendments, guided an identical version through committee. Senator Sam Ervin of North Carolina led opposition, offering amendments to exempt women from the draft, preserve certain protective labor laws, and address privacy concerns; each was defeated.
Aftermath
On March 22, 1972, the Senate passed the resolution 84 to 8. Hawaii ratified the amendment the same day, becoming the first state to do so. President Richard Nixon issued a statement of support, and ratification drives quickly gained momentum in state legislatures. Congress later extended the original seven-year deadline to 1982, but only thirty-five states had ratified by that point.
Legacy
Although the ERA never reached the required thirty-eight states under the congressional deadline, its passage elevated sex discrimination to a national constitutional question and spurred legislative and judicial advances, including expansions of Title VII enforcement and the development of intermediate scrutiny under the Equal Protection Clause. The campaign also sharpened divisions over gender roles that persisted in subsequent decades, while recent state ratifications have kept alive arguments about whether the amendment's legal status remains open.
Why It Matters
Passage of the ERA by Congress elevated gender equality to a constitutional question and energized both supporters and opponents, shaping public discourse, state-level reforms, and ongoing litigation over equal protection standards. The campaign influenced later civil rights legislation and continues to inform discussions about constitutional gender provisions more than fifty years later.
Related Questions
What exact language did the ERA propose?
The amendment stated that equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex, with Congress granted enforcement power.
Why did the ERA fail to reach the required number of states?
Thirty-five states ratified before the extended 1982 deadline; three more were needed, and organized opposition in several legislatures prevented further approvals during the original window.
How did the Senate vote break down?
The 84–8 tally reflected strong bipartisan support, with only eight senators, led by Sam Ervin, voting against the measure.
What role did President Nixon play?
Nixon endorsed the amendment immediately after Senate passage, issuing a supportive statement that bolstered early ratification momentum.
Has the ERA been ratified since 1982?
Nevada, Illinois, and Virginia have ratified in recent years, bringing the total above thirty-eight, though legal disputes continue over the expired deadline.
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Sources
- Senate Passes the Equal Rights Amendment, United States Senate. Accessed 2026-07-09.