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The ERA (Equal Rights Amendment) intended to prohibit all discrimination based on sex but it failed to win ratification. The Equal Rights Amendment was reintroduced in Congress on July 14, 1982 and has been before every session of Congress since that time. In the 110th Congress (2007-2008), it was introduced as S.J. Resolution. 10 (lead sponsor: Sen. Edward Kennedy, MA) and H.J. Res. 40 (lead sponsor: Rep. Carolyn Maloney, NY). These bills impose no deadline on the ERA ratification process. Success in putting the ERA into the Constitution via this process would require passage by a two-thirds in each house of Congress and ratification by 38 states.

There were many reasons why this amendment failed, after sailing through the Congress. One of the major critics of the amendment were women themselves, who felt it was not necessary and would actually hurt the women's rights movement. There was also concern that the amendment would mean women could be drafted into the armed services, including combat duty. There was also concern that passage would effect the laws that protected women in the workforce.

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