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Supporters of the ERA push for publication despite lingering legal questions | CNN Politics

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Two years ago , Virginia became the 38th state to ratify the Equal Rights Amendment .

But the necessary threshold was not reached by a 1982 deadline and five of the states rescinded their support of the amendment.

Supporters say the amendment should be taking effect on Thursday .

Opponents say publishing the amendment now would ignore prior court decisions.

In 1972 , Congress passed the ERA, which stated, “equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex” The House passed a joint resolution last March that would remove a deadline for states to ratify the ERA.

The resolution still needs to get to 60 votes to overcome any potential Senate filibuster.

National Right to Life has argued that the resolutions are unconstitutional.