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35 states did pass the 'ERA', but the act expired in 1983 before getting approval in 2/3rd's or states, meaning even adoption by three more states would not legally ratify it as an amendment to the Constitution.
Supporters believe that after passage by three more states, they could then argue in the courts that that the time limits imposed by and later extended by Congress for passage of the 'Equal Rights Amendment' are not legitimate because time limits are not mandated by the Constitution.
The 1972 Equal Rights Amendment states the following: It was passed at a time when gender discrimination was rampant, and supporters believed the only way to address it was with a Constitutional Amendment. NC4ERA, Ratify ERA-NC Co-Chair New State Alliance ERA-NC ALLIANCE FORGED Equal Constitutional Rights for Women It's a historical moment for women in North Carolina. A new, state wide alliance was recently forged among leading women's organizations and other groups interested in constitutional equality for women.
Re-passage of a new Equal Rights Amendment by two-thirds of Congress and 38 states is seen as highly unlikely politically. They argue the Amendment is needed because, as they wrote in a news release, "women do not have constitutional protection when it pertains to sexual and gender discrimination, fair and equal pay and the guarantee of a fair and balanced trial when a woman is raped-including women in the military." It goes before the House Judiciary Committee for consideration on Tuesday [Apr. Because they deal with federal constitutional amendments, ERA bills in the NC Senate and House are not affected by the Legislature's April 27 crossover deadline and are able to be voted on until the end of the long session.
Supporters say Congress or the courts could accept more ratification votes.