Summary of SJRES 38: Ratification of the Equal Rights Amendment

Purpose and Intent

SJRES 38 is a joint resolution introduced in the Senate on March 25, 2025, aimed at establishing the ratification of the Equal Rights Amendment (ERA) to the United States Constitution. The resolution seeks to affirm that the ERA, originally proposed in 1972, is valid and has been ratified by the necessary number of states, thereby ensuring equal rights under the law regardless of sex.

Key Provisions

• Validation of the ERA: The resolution states that despite any time limits set forth in House Joint Resolution 208 from the 92nd Congress, the proposed amendment is valid as part of the Constitution.
• Ratification Confirmation: It asserts that the ERA has been ratified by the legislatures of three-fourths of the states, fulfilling the constitutional requirement for amendments.

Affected Parties

• Women and Gender Minorities: The primary beneficiaries of the ERA would be women and gender minorities, as the amendment aims to eliminate legal distinctions based on sex, promoting equality in various aspects of life, including employment, education, and legal rights.
• State Legislatures: The resolution directly involves state legislatures that have ratified the amendment, reinforcing their role in the constitutional amendment process.

Legislative Actions

• Introduced in Senate: The resolution was introduced and read twice on March 25, 2025, and subsequently referred to the Committee on the Judiciary for further consideration.

Sponsors

• Primary Sponsor: Lisa Murkowski
• Cosponsors: Chris Van Hollen, Susan M. Collins, Mazie K. Hirono

Related Legislation

• Companion Bill: HJRES 80 serves as a companion to SJRES 38, indicating a parallel effort in the House of Representatives to advance the ratification of the ERA.

Conclusion

SJRES 38 represents a significant legislative effort to solidify the Equal Rights Amendment as part of the U.S. Constitution, aiming to ensure gender equality under the law. The resolution's introduction marks a renewed commitment to addressing gender disparities and reinforcing civil rights protections for all individuals.