On ice for decades, the constitutional amendment to give women equal rights is having a resurgence, and some opponents are focusing on one thing – abortion.

In 1972, the Equal Rights Amendment (ERA) was adopted by Congress with a deadline: 38 states had to ratify the measure by 1982. The deadline came and went without enough states getting on board until last month, when Virginia ratified the amendment.

On Thursday, the House of Representatives voted to remove the deadline from the ERA, prompting some Republicans and anti-abortion activists to argue that the amendment could be used to rollback abortion restrictions.

“This bill would create the basis for taxpayer-funded abortion at the federal level, and it would permanently allow abortion until birth for any reason throughout the nation,” Rep. Carol Miller (R-West Virginia) said in the House on Thursday. “It would force government-funded health care providers and hospitals to provide abortions.”

The ERA never mentions abortion or reproductive rights. It’s not a sure thing that it would impact abortion laws or trigger government funding of the procedure.

What is the ERA?

The ERA, adopted by Congress in 1972, would ban discrimination based on sex. It contains just three sentences, none of which bring up abortion.

The amendment would also give Congress the power to enforce the ERA and pass relevant legislation.

Despite the House vote, it’s not clear if the process would have to start over from scratch for the ERA to legally be approved. The Department of Justice’s Office of Legal Counsel issued an opinion on Monday that said the measure died with the expired deadline.

Five states also previously withdrew their ratifications, making it unclear if they should be included in the final count.

How is abortion connected to the ERA?

Although the amendment doesn’t directly mention abortion, anti-abortion and pro-choice advocates agree that gender equality includes reproductive rights.

But could it usher in government-funded abortions? To ground their prediction, some anti-abortion activists are turning to a New Mexico Supreme Court ruling for guidance.

New Mexico and other states worked elements of the ERA into their own constitutions. In 1998, the New Mexico Supreme Court ruled that under the state’s version of the ERA, New Mexico Medicaid funds must cover abortions that are medically necessary.

Our final verdict: Magic eight ball

The ERA doesn’t explicitly require any of the things Miller mentioned. It doesn’t mandate deregulation of abortions, either.

It’s a possibility that if the ERA were to go into effect, laws related to abortion could change. But we can’t predict if or how that would happen.

Contact Big If True editor Mollie Bryant at 405-990-0988 or bryant@bigiftrue.org. Follow her on Facebook and Twitter.

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