2026 Fact Sheet- Why the ERA is Law – Legal Perspective

Roberta W. Francis, ERA Education Consultant, Alice Paul Center for Gender Justice 

The Equal Rights Amendment (ERA), first proposed in 1923, is an amendment to the United States Constitution that guarantees equality of rights under the law for all persons regardless of sex.

As of January 27, 2020, the ERA has satisfied the requirements of Article V of the Constitution for ratification (passage by two-thirds of each house of Congress and approval by three-fourths of the states).

Leading constitutional scholars agree that the ERA is now part of the Constitution.
Because of issues raised about its unique ratification process (explained on the Frequently Asked Questions page), the Archivist of the United States has not yet taken the final ministerial step of publishing the ERA in the Federal Register with certification of its ratification as the 28th Amendment.  The American Bar Association recognizes the ERA as a Constitutional Amendment.  

Updated 3-15-26.

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