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November 22, 2019

ABA Legal Fact Check explores renewed interest in the Equal Rights Amendment

WASHINGTON, Nov. 22, 2019 — A new ABA Legal Fact Check posted today focuses on the constitutional and legal challenges involved in passage of the Equal Rights Amendment – a topic making news in recent weeks.

Earlier this month, the House Judiciary Committee approved a resolution removing any deadline to ratify the ERA, which would add the guarantee of equality of the sexes into the U.S. Constitution. That move followed the Nov. 5 election in Virginia that resulted in Democrats taking control of both the Virginia House of Delegates and the Senate in 2020. The shift raises the prospects that next year the state could become the 38th to ratify the amendment.

The new ABA Legal Fact Check outlines the history of the ERA amendment and cites key court decisions related to Article V, which addresses the process of amending the U.S. Constitution. The fact check also explores several related constitutional and legal issues, including a lower court decision in 1981 on whether to count a state whose legislature rescinded its previous ratification as has occurred in five states.

ABA Legal Fact Check seeks to help the media and public find dependable answers and explanations to sometimes confusing legal questions and issues. The URL for the site is Follow us on Twitter @ABAFactCheck.

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