What is the actual text of the Equal Rights Amendment? — Verbatim and explained

What the Equal Rights Amendment says – the authoritative, verbatim text

The phrase 1st amendment actual text appears here only as a search term and to meet citation needs. Below are the authoritative, verbatim sections of the Equal Rights Amendment as published by congressional and archival sources, followed by concise sourcing so readers can quote the amendment accurately.

1st amendment actual text

Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.

This wording is the exact Section 1 clause as printed in the joint resolution text; for the canonical source see the congressional text on Congress.gov Congress.gov joint resolution text.

Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 2 is the enforcement clause as drafted in the joint resolution and is available in the same official legislative text on Congress.gov Congress.gov joint resolution text.

Section 3. This article shall take effect two years after the date of ratification.

The effective-date language appears in the joint resolution and in National Archives materials that collect related constitutional amendment texts and notes National Archives ERA text and historical notes.

Plain-English breakdown: what each section means

Section 1 uses concise constitutional language to prohibit denying or abridging rights on the basis of sex; in plain English it says that the law of the United States and the law of each state must not treat people differently because of their sex, and that prohibition is stated in a single sentence to be clear and general, following the verbatim phrasing on Congress.gov Congress.gov joint resolution text.

Section 2 gives a specific enforcement role to Congress: read plainly, it authorizes Congress to pass laws that enforce the amendment, rather than leaving enforcement solely to courts. This construction is part of the joint resolution wording and is described in legal overviews that discuss implementing legislation possibilities Congressional Research Service overview.

Section 3 sets a delayed effective date tied to ratification timing. In simple terms, the amendment does not become operational immediately once ratified; the operative date is two years after the date when the required ratifications occur, as reflected in the joint resolution wording and archival materials National Archives ERA text and historical notes.

Where the official copies are published and why to quote them

For the canonical text of the ERA, two primary sources are authoritative: the legislative text posted on Congress.gov and the constitutional archives maintained by the National Archives. Congress.gov hosts the joint resolution as proposed in Congress, which is the document most often quoted; the National Archives collects amendment texts and related records Congress.gov joint resolution text. You can also consult our constitutional rights hub constitutional rights and related congressional materials such as the S.J.Res.38 legislative text on Congress.gov S.J.Res.38 text.

The National Archives page provides a reliably maintained record of proposed and adopted constitutional amendments and includes historical context and notes for the ERA; for citation in academic or journalistic work, many writers list both the congressional text and the National Archives record to make the source clear National Archives ERA text and historical notes.

Secondary explainers such as the Cornell Legal Information Institute or the National Constitution Center can help with line-level commentary and background, but they should not be used as substitutes for the verbatim congressional text when accuracy of quotation matters Cornell LII Equal Rights Amendment entry.

Ratification history and the core legal disputes in 2026

Congress approved the ERA for state ratification in the 1970s, and many states ratified at that time; the basic historical sequence of Congressional proposal followed by state ratifications is part of standard legal histories of the amendment and summarized in CRS and Britannica materials Congressional Research Service overview.

Key legal disputes in 2026 focus on three related issues. First, whether deadlines set by Congress or in the proposing resolution are binding, and whether any extensions or retroactive changes affect the valid ratification count. Second, whether states that later ratified or attempted to rescind prior ratifications can change the legal tally. Third, whether courts will accept a late or contested ratification as successful; these points are discussed in legal scholarship and official analyses that describe the open questions rather than offering definitive judicial resolutions Britannica Equal Rights Amendment overview. Activist and archival sites such as the Equal Rights Amendment project also summarize the amendment’s history Equal Rights Amendment.

Because these are procedural and legal questions, scholars and courts look at historical records, the text of the proposing resolution, and precedents about deadlines and rescissions. The Congressional Research Service provides a compact description of these recurring issues and recent developments to watch Congressional Research Service overview.

How courts and Congress could make the ERA operational

A central academic debate is whether the ERA would be self-executing if treated as part of the Constitution, meaning that courts could apply it directly without further legislation, or whether Congress must pass implementing statutes to give the amendment practical effect. Leading explainers and legal analyses show disagreement on that point and note the practical importance of the question for remedies and enforcement Cornell LII Equal Rights Amendment entry.

If Congress uses its Section 2 authority to pass ‘‘appropriate legislation,‘‘ that legislation could define enforcement mechanisms, remedies, and standards for courts to apply. Historical and modern proposals often include examples such as statutory standards for employment discrimination, family law adjustments, or federally funded programs, but the precise scope would depend on the text of any law Congress enacts and subsequent judicial interpretation Congress.gov joint resolution text.

Court decisions would likely shape how broadly ‘‘on account of sex‘‘ is interpreted in constitutional cases. Judges may look to prior equal protection precedents, statutory law like title VII, and the ERA text itself to decide whether certain classifications or practices violate the amendment. Legal scholars emphasize that resulting remedies and coverage are a product of both legislation and judicial interpretation, so practical outcomes are not determined solely by the amendment text Congressional Research Service overview.

One common error is treating secondary explainers as the primary source for the ERA wording. When accuracy matters, use the joint resolution text or the National Archives copy; do not substitute paraphrase or a third-party summary for the verbatim language Congress.gov joint resolution text.

A final pitfall is overstating the ERA’s current legal status without clear attribution. Given the contested ratification questions, say that the legal status is disputed and point readers to CRS or other legal analyses for the competing positions rather than asserting a final judicial outcome Congressional Research Service overview.

Practical examples: how to quote and attribute the ERA in journalism

Exact-quote example for a story lead: “Section 1 of the Equal Rights Amendment states, “Section 1 of the Equal Rights Amendment states, \”Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.\”” Follow that quotation with a parenthetical or inline attribution to the congressional text on Congress.gov Congress.gov joint resolution text.

One-sentence neutral summary for a lead: Some legal scholars and official reports note that the ERA establishes a broad prohibition on sex-based legal distinctions but that ratification and enforcement questions remain contested, according to summaries by the Congressional Research Service and legal commentators Congressional Research Service overview.

Attribution templates journalists can use: “Some legal scholars argue that the ERA is self-executing and would allow courts to apply it directly, while others say Congress must pass implementing laws first, according to analyses by CRS and legal scholars.” Cite CRS for the procedural issues and Cornell or similar explainers for doctrinal background Cornell LII Equal Rights Amendment entry.

Resources for deeper reading and primary documents

Primary documents: Congress.gov hosts the joint resolution text and the legislative record for the ERA, and the National Archives provides constitutional amendment materials and historical notes; both are essential primary sources for the exact ERA wording Congress.gov joint resolution text. For additional archival records see the govinfo copy of historical proposing texts govinfo legislative PDF. For timely updates check our news page.

For legal and historical interpretation, consult the Congressional Research Service report on the ERA for an up-to-date overview of legal issues, and use accessible explainers like Cornell LII and the National Constitution Center for plain-language summaries and background context Congressional Research Service overview.

To watch for new developments, check primary sources for changes, including any court filings or legislative actions that alter the procedural posture; because the ratification question is contested, primary documents remain the best place to verify a current claim about the ERA’s status National Archives ERA text and historical notes. You can also check our about page for how we track updates.

Short conclusion: quote the text, attribute the interpretation

When accuracy matters, quote the ERA verbatim from the congressional record or the National Archives and attribute interpretations to named legal sources; the authoritative text is on Congress.gov and in National Archives materials Congress.gov joint resolution text.

Remember that while the amendment’s words are straightforward, the legal and practical consequences depend on future congressional action and court decisions and remain disputed in current analyses Congressional Research Service overview.