H.J.Res. 80: Establishing the ratification of the Equal Rights Amendment.
Sponsor
Ayanna Pressley
Democrat · MA-7
Bill Progress
Latest Action · Mar 24, 2025
Referred to the House Committee on the Judiciary.
Congress says the Equal Rights Amendment is already ratified
Why it matters
The Equal Rights Amendment was proposed in 1972. Thirty-eight states eventually ratified it — the exact number required. But three did so after a 1982 deadline Congress originally set, and five states tried to take back their votes. H.J.Res. 80 is Congress declaring none of that matters: the ERA crossed the finish line, and it should be part of the Constitution right now.
The entire resolution is one sentence. It declares the Equal Rights Amendment "valid to all intents and purposes as part of the United States Constitution," even though the original 1972 deadline for state ratification expired decades ago.
Here's why that sentence is so contested. Congress proposed the ERA in 1972 and gave states seven years to ratify it. When the deadline came and went with only 35 of the needed 38 states on board, Congress extended it to 1982. That extension didn't help — no new states ratified before the second deadline either.
Then, decades later, three states acted. Nevada ratified in 2017, Illinois in 2018, and Virginia in 2020 — bringing the total to 38, the three-fourths threshold required under Article V of the Constitution. Supporters say that's it: the math is done, the amendment is ratified.
Opponents raise two objections. First, the deadline: can states ratify after Congress's time limit expired? Second, the rescissions: five states (Nebraska, Tennessee, Idaho, Kentucky, and South Dakota) tried to withdraw their ratifications before the deadline. If those rescissions count, the total drops below 38.
H.J.Res. 80 answers both questions in the supporters' favor. It says the deadline doesn't block ratification and the existing state approvals are sufficient. With 219 cosponsors — including 218 Democrats and one Republican, Rep. Mike Lawler of New York — it represents the broadest House push for the ERA in this Congress. But the resolution still needs to clear the Judiciary Committee, pass the full House, and get through the Senate.
H.J.Res. 80 Bill Summary
What H.J.Res. 80 actually does.
Declares the ERA part of the Constitution
Congress states that the Equal Rights Amendment — the same text proposed in 1972 — is valid and should be recognized as the 28th Amendment. No new language is introduced; this is a declaration about an amendment that already exists.
Overrides the expired ratification deadline
The resolution says the time limit Congress set in 1972 (and extended to 1982) does not prevent the ERA from taking effect. Supporters argue that Article V of the Constitution sets no deadline for amendments, and Congress's self-imposed limit was always optional.
Counts all 38 state ratifications
The resolution relies on the claim that three-fourths of state legislatures have ratified the ERA, including Nevada (2017), Illinois (2018), and Virginia (2020). It does not address whether the five states that attempted to rescind their ratifications should be subtracted from the total.
Who benefits from H.J.Res. 80?
Women and girls facing sex-based discrimination
Federal statutes like Title VII and Title IX ban sex discrimination, but they can be amended or repealed by Congress. A constitutional amendment would set a baseline that no law, executive order, or court ruling could lower without another constitutional amendment.
Workers alleging pay and pregnancy discrimination
If courts recognize the ERA, employees bringing sex discrimination claims could invoke constitutional equal protection rather than relying solely on statutes. That could raise the legal standard courts apply when reviewing policies that treat people differently based on sex.
Civil rights organizations
Groups pushing for stronger sex equality protections would gain constitutional ground they've sought for over half a century. The ERA would give advocates a tool that doesn't depend on who controls Congress or the White House.
Who is affected by H.J.Res. 80?
Federal and state governments
Any law or regulation that treats people differently based on sex would face a higher bar of constitutional scrutiny. Policies on military service, family leave, insurance, and public benefits could all be challenged under the ERA.
Courts and the legal system
Judges would need to decide whether this congressional declaration is legally sufficient to make the ERA effective — and if so, how broadly it applies. That could generate years of constitutional litigation.
States that tried to rescind their ratification
Nebraska, Tennessee, Idaho, Kentucky, and South Dakota all attempted to withdraw their ERA ratifications before the original deadline. This resolution treats those rescissions as legally irrelevant, which those states may contest.
The Archivist of the United States
Under federal law, the Archivist is responsible for certifying and publishing constitutional amendments once ratification requirements are met. If Congress passes this resolution, the Archivist would face pressure to act — and would likely be drawn into litigation over whether to do so.
HJRES80 Legislative Journey
House: Committee Action
Mar 24, 2025
Referred to the House Committee on the Judiciary.
About the Sponsor
Ayanna Pressley
Democrat, Massachusetts's 7th congressional district · 7 years in Congress
Committees: Financial Services, Oversight and Government Reform
View full profile →
Cosponsors (219)
This bill has 219 cosponsors: 218 Democrats, 1 Republican. Cosponsors represent 39 states: Alabama, Arizona, California, and 36 more.
Sylvia Garcia
Democrat · TX
Madeleine Dean
Democrat · PA
Sydney Kamlager-Dove
Democrat · CA
Jennifer McClellan
Democrat · VA
Rashida Tlaib
Democrat · MI
Christopher Deluzio
Democrat · PA
Marilyn Strickland
Democrat · WA
LaMonica McIver
Democrat · NJ
William Keating
Democrat · MA
Bill Foster
Democrat · IL
Dina Titus
Democrat · NV
Lloyd Doggett
Democrat · TX
Cosponsor Coverage Map
Committee Sponsors
Judiciary Committee
18 of 42 committee members cosponsored
H.J.Res. 80 Quick Facts
- Committee
- Judiciary
- Chamber
- House
- Policy
- Civil Rights and Liberties, Minority Issues
- Introduced
- Mar 24, 2025
Referred to the House Committee on the Judiciary.
Mar 24, 2025
Official Sources
Full bill text, actions, cosponsors, and status tracking for the ERA ratification resolution
National Archives page covering the ERA's history, research resources, and archival records from 1923 to present
Official statement from the Archivist explaining why NARA cannot certify the ERA under current legal, judicial, and procedural rulings
January 2020 Office of Legal Counsel opinion concluding the ERA failed adoption because three-fourths of states did not ratify before the deadline
January 2022 OLC opinion clarifying that the 2020 opinion does not prevent Congress from acting on ERA ratification or courts from adjudicating it
Library of Congress annotated guide to the constitutional amendment process, including ratification procedures and historical context
Constitutional analysis of whether Congress can impose and enforce time limits on state ratification of proposed amendments
Congressional Research Service report covering ERA ratification history, the deadline dispute, and recent court cases including Virginia v. Ferriero
H.J.Res. 80 Common Questions
Has the Equal Rights Amendment been ratified by enough states?
Thirty-eight states have voted to ratify the ERA — exactly the three-fourths threshold required under Article V. The last three were Nevada (2017), Illinois (2018), and Virginia (2020). H.J.Res. 80 treats that count as final.
Why isn't the ERA already in the Constitution if enough states ratified it?
When Congress proposed the ERA in 1972, it included a seven-year deadline for ratification. That deadline was extended to 1982, but the last three states ratified decades after it expired. Whether those late ratifications count is the core legal dispute H.J.Res. 80 tries to resolve.
Can states take back their ratification of a constitutional amendment?
Five states tried to rescind their ERA ratifications (Nebraska, Tennessee, Idaho, Kentucky, and South Dakota). There is no clear constitutional precedent on whether rescissions are valid — Article V doesn't address it. H.J.Res. 80 sidesteps the question by declaring the ERA ratified regardless.
What would the Equal Rights Amendment actually do if ratified?
The ERA's text says: "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." It would add sex equality to the Constitution, giving courts a stronger basis to strike down laws that discriminate based on sex.
Does H.J.Res. 80 change the text of the Equal Rights Amendment?
No. The resolution doesn't rewrite a single word. It refers back to the exact amendment text proposed in House Joint Resolution 208 of the 92nd Congress (1972) and declares that text valid as part of the Constitution.
How many cosponsors does the ERA ratification resolution have?
H.J.Res. 80 has 219 cosponsors — 218 Democrats and one Republican (Rep. Mike Lawler of New York). That's more than half the House, though it would need 218 votes to pass and the bill still needs to clear the Judiciary Committee first.
What happens after Congress passes an ERA ratification resolution?
The Archivist of the United States would need to certify and publish the amendment. But legal challenges are virtually guaranteed — opponents would likely ask federal courts to rule that the expired deadline or state rescissions block ratification.
Is the ERA different from existing sex discrimination laws like Title IX?
Yes. Title IX and Title VII are federal statutes — Congress can amend or repeal them with a simple majority vote. A constitutional amendment is permanent and sets a floor that no future Congress can lower without passing another amendment.
Based on H.J.Res. 80 bill text
H.J.Res. 80 Bill Text
“Establishing the ratification of the Equal Rights Amendment.”
Source: U.S. Government Publishing Office
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