Washington ( CNN ) -- Recent remarks from a Supreme Court justice have alarmed those still pushing for an Equal Rights Amendment to the U.S. Constitution , three decades after an earlier attempt failed . Congressional supporters of such an amendment say there 's now some urgency to include the concept of equality in the document after Justice Antonin Scalia was quoted as saying `` nobody ever voted for that . '' A 1972 proposal fell short of ratification by three states before its 1982 deadline . Scalia , in last month 's issue of California Lawyer magazine , said that if `` society wants to outlaw discrimination by sex , hey , we have things called legislatures . '' Lawmakers responded Thursday on the East Front of the U.S. Capitol , across from the Supreme Court . `` Today , while the House is reading the Constitution , we are here to point out what is so troubling about what Justice Scalia believes , '' said Rep. Carolyn Maloney , D-New York . If Scalia 's view spreads to a high court majority , Maloney said , it `` could overturn all of our body of work to protect the rights of women . '' The key Senate supporter , New Jersey Democrat Robert Menendez , said three-fourths of Americans assume the Equal Rights Amendment is already part of the Constitution -- but because the measure has never been ratified by the states , `` the courts might not guarantee it , '' he said . Menendez underscored the need to take action , based on the Supreme Court 's ruling in last year 's Citizens United case against business . He said the justices `` would elevate a corporate entity to have the rights of an individual , and yet say that women do not have rights as an individual under the Constitution . That is incredibly alarming . '' Scalia 's remarks date to September , during an interview with a California law professor . He is quoted as saying , `` Certainly the Constitution does not require discrimination on the basis of sex . The only issue is whether it prohibits it . It does n't . '' Maloney said many women 's groups have acted as if prevailing law and practices are enough to assume women have equal rights , but she noted that several prominent groups now have fresh concern . `` We have waited far too long , '' said Eleanor Smeal of the Feminist Majority . `` We 've got to make sure it 's explicit in the Constitution . '' Terry O'Neill , president of the National Organization for Women , held up a pocket copy of the Constitution and read part of the 14th Amendment , saying `` nor shall any state deprive any person of equal rights under the law . '' `` A man in power like Antonin Scalia insists that the word person in the 14th Amendment does n't apply to half the population of the United States , '' she said . Lawmakers who passed the 1972 proposal extended a seven-year deadline to 1982 , yet ratification stalled at 35 out of the needed 38 states . Supporters believe the 35 ratifications could be kept alive by Congress if and when another three states endorse that 1972 proposal . `` The three-state strategy was developed following ratification of the Constitution 's 27th Amendment in 1992 , more than 203 years after its passage by Congress in 1789 , '' notes the website www.equalrightsamendment.org . The 27th Amendment blocks lawmakers from voting themselves a pay raise to take effect during the same session of Congress in which it was passed .
Scalia says the Constitution does not prohibit discrimination by sex . The ERA was first proposed in 1923 , but a 1972 proposal was not ratified . Women 's groups , key lawmakers issue fresh call to protect womens rights .