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