[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S.J. Res. 39 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. J. RES. 39
Expressing the sense of Congress that the article of amendment commonly
known as the ``Equal Rights Amendment'' has been validly ratified and
is enforceable as the 28th Amendment to the Constitution of the United
States, and the Archivist of the United States must certify and publish
the Equal Rights Amendment as the 28th Amendment without delay.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 27, 2023
Mrs. Gillibrand (for herself, Mr. Cardin, Mr. Padilla, Mr. Sanders,
Mrs. Murray, Ms. Baldwin, Mr. Blumenthal, Mr. Booker, Mr. Brown, Ms.
Duckworth, Mrs. Feinstein, Mr. Heinrich, Ms. Hirono, Mr. Markey, Mr.
Merkley, Mr. Van Hollen, Mr. Welch, Mr. Wyden, Mr. Kaine, Mr. Menendez,
and Ms. Warren) introduced the following joint resolution; which was
read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
JOINT RESOLUTION
Expressing the sense of Congress that the article of amendment commonly
known as the ``Equal Rights Amendment'' has been validly ratified and
is enforceable as the 28th Amendment to the Constitution of the United
States, and the Archivist of the United States must certify and publish
the Equal Rights Amendment as the 28th Amendment without delay.
Whereas the Equal Rights Amendment provides an explicit constitutional basis for
combating sex discrimination and provides Congress with authority to
enact stronger laws to ensure sex equality by adding the following
language to the Constitution:
``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.
``Section 2. The Congress shall have the power to enforce, by appropriate
legislation, the provisions of this article.
``Section 3. This amendment shall take effect two years after the date of
ratification.'';
Whereas article V of the Constitution provides two requirements for amending the
Constitution, including--
(1) passage in both Houses of Congress by two-thirds of each body; and
(2) ratification by three-fourths of the States;
Whereas the House of Representatives 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 three-fourths of the States have ratified the Equal Rights Amendment,
the final State necessary, Virginia, having ratified on January 27,
2020, 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 article V of the Constitution does not impose a deadline for the
ratification of an article of amendment;
Whereas the 27th Amendment to the Constitution was approved by two-thirds of
each House of Congress and 203 years later it was finally ratified by
three-fourths of the States;
Whereas the 27th Amendment to the Constitution was certified and published by
the Administration of George H. W. Bush as part of the Constitution;
Whereas, following publication of the 27th Amendment, Congress moved to affirm
it as part of the Constitution;
Whereas the 14th Amendment to the Constitution was certified and published as
part of the Constitution in 1868 despite 2 States purporting to rescind
their ratifications;
Whereas the States that purported to ``rescind'' their ratifications of the 14th
Amendment (Ohio and New Jersey) were counted among the ratifying States;
Whereas Tennessee attempted to rescind its ratification of the 19th Amendment to
the Constitution but its attempt was ignored and the 19th Amendment was
certified and published on August 26, 1920; and
Whereas the Archivist of the United States, once a proposed amendment has been
adopted according to the provisions of the Constitution, has a statutory
duty under section 106b of title 1, United States Code, to certify that
the proposed amendment has become valid, to all intents and purposes, as
a part of the Constitution and publish the proposed amendment in the
Federal Register: Now, therefore, be it
Resolved by the Senate and House of Representatives of the United
States of America in Congress assembled, That it is the sense of
Congress that--
(1) the article of amendment to the Constitution of the
United States commonly known as the ``Equal Rights Amendment''
has been duly proposed by two-thirds of each House of the
Congress and ratified by more than three-fourths of the several
States, and thus has met the requirements of the Constitution
under article V of the Constitution and is enforceable as the
28th Amendment to the Constitution, effective January 27, 2020;
and
(2) the current Archivist of the United States should
proceed to fulfill their ministerial duty under section 106b of
title 1, United States Code, to certify and publish the 28th
Amendment to the Constitution, without delay.
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