RICHMOND, Va. — Efforts to revive the Equal Rights Amendment have hit a roadblock.
The Justice Department has issued a finding that an expired pair of deadlines imposed by Congress decades ago means it's too late for more states to ratify it now. Thirty-five states ratified the ERA before the deadlines expired — three short of the 38 needed.
Since the deadline expired, two more states ratified the amendment and now Virginia is poised to become the 38th, but Assistant Attorney General Steven Engel said the amendment has expired and Congress would have to start all over again.
On the first day of the General Assembly session, proponents lined the entrance to the Capitol building.
"Constitutional equality is the gold standard," said supporter Anna Bradley. "Anything less than that leaves citizens in a subservient position, so finally Virginia will be on the right side of history."
Opponents argue the ERA has a host of legal issues and is a threat to stances on abortion and transgender rights.
"Proponents of the ERA want to erase the distinction of the word 'sex,' meaning the distinction between male and female," said Concerned Women for America Chief Operating Officer Toni DeLancey. "And what that would mean is that any male who decided that he was going to be a woman based upon his feelings, would have complete access to private spaces locker rooms and even sports teams."
Responding to the Justice Department's opinion, Attorney General Mark Herring issued a statement:
“It is wholly unsurprising that the Trump Administration has found yet another way to oppose women’s equality. The ERA should have been passed by Virginia and other states a long time ago. It should have been unanimous. Women in America deserve to have equality guaranteed in the Constitution. The fact that Republican attorneys general are suing to block the ERA, and that they now have the support of the Trump Administration, is absolutely repugnant."
Supporters of the amendment disagree with the DoJ's stance and have filed a federal lawsuit in Massachusetts hoping to pave a legal path forward.
Meanwhile, a Senate committee on Thursday approved a resolution to ratify the amendment by a 10-5 vote, with one Republican committee member joining Democrats.
The Associated Press contributed to this report.