An opinion issued Wednesday from the Justice Department's Office of Legal Counsel may kill the ERA's chances for ratification for the umpteenth time.
, a policy research branch, said Congress “could simply vote to change the old deadline,” according to “OLC’s opinion doesn't directly affect the litigation, but unless it is overruled by the attorney general or the president, it likely will bind the archivist—meaning that the only way a new ratification by a state like Virginia would likely be effective is if the courts say so,” Stephen Vladeck, a CNN legal analyst and professor at the University of Texas School of Law, .
First introduced by activist Alice Paul in the wake of the 1920 passage of the 19th amendment, which gave women the right to vote, the ERA has been through Congress many times and, while it has repeatedly failed, there has long been widespread public support for the measure. The ERA Coalition’s polling shows that as of 2016, The coalition said Thursday that it “strongly disagrees with the Office of Legal Counsel’s opinion that the time limit on ERA ratification cannot be removed.
While certain protective federal and state laws for women do exist, they can be rolled back at any time, unlike a constitutional amendment. The ERA’s main clause reads: “Equality of rights under the law shall not be denied or abridged by the United States or by any State on the account of sex.” Detractors say the amendment would lead to things like gender-neutral bathrooms, same-sex marriage, and women in combat.
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