At Georgetown University’s Law Center Monday, Supreme Court Justice Ruth Bader Ginsburg said the manner in which Virginia passed the Equal Rights Amendment (ERA) is too controversial.

Activists have tried since 1920 to pass the ERA, which adds to the Constitution that “equality of rights under the law shall not be abridged… on account of sex.” The controversy lies in what the intended and unintended consequences of this bill would be given the gender identity spectrum in the 21st century, the nation’s runaway judiciary, and that the sexes have differences that matter and sometimes affect law.

When the debate was last raging over ERA in the 1980s, Congress imposed a deadline for it to be ratified by at least 38 states to become a constitutional amendment. The states failed to achieve full ratification before the deadline, which ended 40 years ago. Despite that, in 2020 Virginia adopted the ERA under new Democrat leadership.

While Ginsburg believes in some form of an ERA, she does not believe passing an expired constitutional ratification is a right way to accomplish this goal.

“I would like to see a new beginning, I’d like it to start over. There’s too much controversy about late comers, Virginia long after the deadline passed,” Ginsburg said.

Justice Ruth Bader Ginsburg, at Georgetown U Law Center late today (2-10-20), said Virginia's recently adopted ERA resolution was "long after the deadline passed." CNN: "Her comments on the ERA bolster arguments made last month by the Dept. of Justice in a legal opinion." pic.twitter.com/HxrJ7l4qs9 — ERA_No_Shortcuts (@ERANoShortcuts) February 11, 2020

Ginsburg made similar comments in September 2019. She said any effort to adopt the ERA would require starting from scratch.

Regardless of the ERA’s expiration, Democrats in Congress are now trying to revive the bill with a joint resolution between the House and Senate. A House floor vote on the resolution is scheduled for Feb. 13.