Virginia’s newly Democratic state legislature could mean a major step forward for equality nationwide. Virginia could become the 38th state to ratify the Equal Rights Amendment, which could—if Congress took action—mean that equal rights for women would finally be enshrined in the Constitution.
That’s a big “if,” though.
For Virginia to push the ERA over the finish line, Congress would first have to extend a congressionally imposed 1982 deadline for states to ratify the amendment. There’s serious debate about whether that deadline is binding, anyway, since there’s no constitutional requirement for a deadline for states to ratify amendments, but congressional action would probably be the best way to avoid a protracted legal battle. (Which might happen, anyway.)
Congress, though, includes the Senate, under the leadership of legislative grim reaper Mitch McConnell. The House, controlled by Democrats, could almost certainly pass a deadline extension for the ERA, and there’s a push to make that happen. But McConnell could then send it to his legislative graveyard no matter what the majority of senators wanted. Currently, the Senate resolution to extend the deadline is cosponsored by two Republicans, Lisa Murkowski of Alaska and Susan Collins of Maine.
So: After decades, the ERA is within reach. If Mitch McConnell doesn’t stand in the way.