Both chambers of Virginia's General Assembly passed the Equal Rights Amendment Wednesday, fulfilling a promise that helped Democrats seize control of the legislature and marking a watershed moment in the nearly century-long effort to add protections for women to the U.S. Constitution. Numerous legal hurdles still have to be cleared before the ERA, which prohibits discrimination based on sex, would become part of the Constitution. First proposed in 1923, the ERA was reintroduced in every session of Congress until it passed in 1972. U.S. lawmakers set a deadline of March 22, 1979, for three-quarters of the states to ratify the amendment, a measure ERA supporters now say is unconstitutional because it was not included in the amendment text. As that deadline approached, Congress extended it to June 30, 1982. Because only 35 of the needed 38 state legislatures ratified the ERA by that time, the amendment was declared a failure. Subsequently, legislatures in Idaho, Kentucky, Nebraska, Tennessee and South Dakota rescinded their ratifications. ERA supporters say there is no provision for rescissions in the Constitution, and therefore they do not count. No federal court has conclusively ruled on that question. Since 2017, Nevada and Illinois have ratified the ERA, which put Virginia in place as the final state needed for ratification, if the five withdrawals are not counted. But the U.S. Justice Department last week issued a finding that the amendment ... could no longer be ratified.
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