Virginia Democrats voted to ratify the Equal Rights Amendment which specifically codifies equal rights based on sex, which is implied in the actual reading of the constitution. The problem is they missed the deadline to pass it by some 40 years.
It set up a likely legal fight but one of the staunchest liberals on the court, Ruth Bader Ginsburg, crushed pro-ERA supporter’s dreams.
According to The Federalist:
Activists have tried since 1920 to pass the ERA, which adds to the Constitution that “equality of rights under the law shall not be abridged… on account of sex.” The controversy lies in what the intended and unintended consequences of this bill would be given the gender identity spectrum in the 21st century, the nation’s runaway judiciary, and that the sexes have differences that matter and sometimes affect law.
When the debate was last raging over ERA in the 1980s, Congress imposed a deadline for it to be ratified by at least 38 states to become a constitutional amendment. The states failed to achieve full ratification before the deadline, which ended 40 years ago. Despite that, in 2020 Virginia adopted the ERA under new Democrat leadership.
While Ginsburg believes in some form of an ERA, she does not believe passing an expired constitutional ratification is a right way to accomplish this goal.
“I would like to see a new beginning, I’d like it to start over. There’s too much controversy about late comers, Virginia long after the deadline passed,” Ginsburg said.
Ginsburg basically told her liberal allies to start over.