Carter signed the joint resolution, although he noted, on strictly procedural grounds, the irregularity of his doing so given the Supreme Court's decision in 1798. Representative Griffiths introduced House Joint Resolution 208 when the 92nd Congress convened and, this time, Judiciary Committee Chairman Celler did not block its consideration. 7 asking that the congressionally imposed deadline for ERA ratification be removed. Advocates began that effort in 1995, nearly two decades before any Member of Congress had taken a single step to amend or repeal the 1972 ERAs ratification deadline. 20), North Dakota (March 19, 2021: Senate Concurrent Resolution No. In the following decades, women marched, protested, lobbied, and even went to jail. 7 was officially received by the U.S. Senate on January 6, 2014, was designated as "POM-175", was referred to the Senate's Committee on the Judiciary, and was published verbatim in the Congressional Record at page S24. Near the end of the 19th century two more states, Wyoming (1890) and Utah (1896), included equal rights provisions in their constitutions. First, ERA advocates want to ignore the district courts decision because the Supreme Court vacated it without offering a substantive decision of its own. The state legislators in battleground states followed public opinion in rejecting the ERA.[156]. On this Wikipedia the language links are at the top of the page across from the article title. The only period when the ERA was not introduced was immediately after Congress proposed and sent it to the states in 1972. Schlafly's argument that protective laws would be lost resonated with working-class women. The 1972 ERA, therefore, can no longer be ratifiedbecause it no longer exists. [188], In 1983, the ERA passed through House committees with the same text as in 1972; however, it failed by six votes to achieve the necessary two-thirds vote on the House floor. The caucus stated that the Texas legislature had eliminated or was preparing to change most sex-specific language in Texas statutes, but that many state agency regulations had not yet been reviewed. Women first organized and collectively fought for suffrage at the national level in July of 1848. The joint resolution proposing the 1972 ERA, for example, opens this way: Resolvedthat the following article is proposed as an amendment to the Constitution of the United States, which shall be validwhen ratified by the legislatures of three-fourths of the several States within seven years from the date of its submission by the Congress. Similarly, Section 3 of the 18th Amendment requires that it be ratifiedby the legislatures of the several Stateswithin seven years from date of the submission hereof to the States by the Congress., When Congress does not impose a ratification deadline, the designation always appears in the joint resolutions proposing clause. In her address, she claimed that sex discrimination had become widespread and that the ERA would remedy it. The authors of the 1997 analysis behind the three-state strategy, for example, assert that Congress promulgat[ed] the Madison Amendment in 1992REF and that congressional promulgation of an amendment is not essential for an amendment to become effective.REF Rather, they write, the date of the final state ratification is the determinative point of the amendment process and therefore, subsequent congressional promulgation is a mere formality.REF. In May 1979, shortly after the original ratification deadline passed, the states of Idaho, which had rescinded its ratification, and Arizona, which had rejected ratification, filed suit in federal court. ", "The Equal Rights Amendment Reconsidered: Politics, Policy, and Social Mobilization in a Democracy", "The Equal Rights Amendment and the Courts", "The proposed Equal Rights Amendment: Contemporary ratification issues", "Opinion: The Fear of the Equal Rights Amendment", "Hundreds attend event to support Virginia's effort to ratify the Equal Rights Amendment", Title VII of the Civil Rights Act of 1964, BelmontPaul Women's Equality National Monument, Nineteenth Amendment to the United States Constitution, Notes of Debates in the Federal Convention of 1787, https://en.wikipedia.org/w/index.php?title=Equal_Rights_Amendment&oldid=1134419487, History of women's rights in the United States, Unratified amendments to the United States Constitution, United States proposed federal civil rights legislation, Articles with dead external links from June 2021, Short description is different from Wikidata, Wikipedia articles in need of updating from February 2022, All Wikipedia articles in need of updating, Articles with unsourced statements from May 2018, Wikipedia articles needing factual verification from May 2018, Creative Commons Attribution-ShareAlike License 3.0, Nebraska (March 15, 1973: Legislative Resolution No. [204][205] The companion bill, S.J.Res. That year, votes were blocked in both states' House chambers. The 14th Amendment to the U.S. Constitution, ratified in 1868, granted citizenship to all persons born or naturalized in the United Statesincluding former enslaved peopleand guaranteed all citizens "equal protection of the laws." The OLC opinion stated on this point that if congressional promulgation is requiredthe executive branch would have illegally certified every [constitutional] amendment except the Fourteenth.REF Congress has no authority to determine whether the 1972 ERA can still become part of the Constitution now that its ratification deadline has expired. America': Jill Ruckelshaus and Schlafly's evangelical allies", "Let's honor justices Ginsburg and O'Connor by passing the ERA", "Coalition and Control: Hoosier Feminists and the Equal Rights Amendment", "Statement by Senator Strom Thurmond (D-SC) on Equal Rights Amendment for Women, 1958 February 8", "Plan to omit rights amendment from platform brings objections", "Gloria Steinem calls out 'Mrs. [47] Said Betty Friedan of the strike, "All kinds of women's groups all over the country will be using this week on August 26 particularly, to point out those areas in women's life which are still not addressed. 208. [138], Many African-American women have supported the ERA. All precedents concerning state rescissions of ratifications indicate that such actions are not valid and that the constitutional amendment process as described in Article V allows only for ratification. [124] Virginia withdrew from the lawsuit in February 2022. In the 2010s, due in part to fourth-wave feminism and the Me Too movement, there was a renewed interest in adoption of the ERA. And they incorrectly posit that Congress has complete, plenary authority over the entire constitutional amendment process. More importantly, the B&PW hired a lobbyist, a friend of Mutscher, for the 1971 legislative session, particularly to guide the amendment through the Texas House. It is designated as a National Historic Landmark. Women spoke in favor of the resolutions before each convention. In 1923, at Seneca Falls, New York, she revised the proposed amendment to read: Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction. The recall bill died in committee and was not introduced in the next legislative session 2 years later. As the seven-year time limit for ratification approached in 1979, Congress and President Jimmy Carter controversially extended the deadline three years. Texas Equal Rights Amendment, This amendment shall take effect two years after the date of ratification.". The 19th Amendment forbids the denial or abridgement of the right of U.S. citizens to vote based on sex. Because thirty-eight states failed to ratify the amendment by March 31, 1979 the South Dakota Legislature rescinded its ratification of the ERA. Congress itself disagrees. The OLC opinion explained why Coleman is not authority for this theory.REF Notably, this issue did not have the support of a majority of justicesREF and none explained the constitutional basis for the assertion that Congress had authority to promulgate an amendment.REF. [177], Illinois lawmakers and citizens took another look at the ERA, with hearings, testimony, and research including work by the law firm Winston & Strawn to address common legal questions about the ERA. Since Congress has taken no action to change the 1972 ERAs ratification deadline, the only way to do so is by ignoring that deadline altogether. [24] Their debate reflected the wider tension in the developing feminist movement of the early 20th century between two approaches toward gender equality. These provisions were broadly written to ensure political and civil equality between women and men. Since the Constitution was ratified in June 1788, nearly 12,000 amendments have been introduced in Congress,REF 33 have been proposed,REF and 27 have been ratified. After 1973, the number of ratifying states slowed to a trickle. On February 19, 2020, the States of Alabama, Louisiana, Nebraska, South Dakota and Tennessee moved to intervene in the case. They do not purport to have any legal effect or to play any role in the Madison Amendment becoming part of the Constitution. After some western states enfranchised women in the late nineteenth and early twentieth centuries, the National American Woman Suffrage Association (NAWSA) formed a Southern Committee with the purpose of expanding suffrage activism in the south. Proposed amendment to the United States Constitution ensuring equal rights regardless of sex, Hayden rider and protective labor legislation, Non-ratifying states with one-house approval, Congressional extension of ratification deadline, Massachusetts lawsuit supporting ratification, 2020 U.S. District Court lawsuit supporting ratification, Post-deadline ratifications and the "three-state strategy", Proposed removal of ratification deadline, Article Five of the United States Constitution requires approval of three-fourths of the, The Texas Observer, March 11, 1977, "Sniping at the ERA," p. 5-6/. The 91st Congress, however, ended before the joint resolution could progress any further. For example, a question of equality before the law; we are interested in the Equal Rights Amendment." The U.S. Supreme Court ruled in Hollingsworth v. Virginia (1798)[91] that the President of the United States has no formal role in the passing of constitutional amendments. [1] The first version of an ERA was written by Alice Paul and Crystal Eastman and introduced in Congress in December 1923.[2][3][4]. On February 8, 2016, the American Bar Associations House of Delegates adopted Resolution 10B, submitted by the New Jersey State Bar, generally supporting ratification of the ERA. Beginning in the mid-1990s, ERA supporters began an effort to win ratification of the ERA by the legislatures of states that did not ratify it between 1972 and 1982. "[116] An en banc rehearing request was denied on January 4, 2022. Equal Rights Amendment passed by Congress On March 22, 1972, the Equal Rights Amendment is passed by the U.S. Senate and sent to the states for ratification. An amendment to the Constitution should not be done by procedural nuances decades after the deadline prescribed by Congress, but through an open and transparent process where each State knows the ramifications of its actions. The ERA is properly before the states for ratification, several scholars wrote in 1997, in light of the recent ratification of the Madison Amendment.REF This effort became known as the three-state strategy because, ERA advocates claimed at the time, ratification by three more states would add the 1972 ERA to the Constitution. During this disputed extension of slightly more than three years, no additional states ratified or rescinded. A joint resolution is pending at the proposal stage during the Congress in which the joint resolution is introduced. [184] After the 2019 elections in Virginia gave the Democratic Party majority control of both houses of the Virginia legislature, the incoming leaders expressed their intent to hold another vote on ratification early in the 2020 legislative session. Could the Equal Rights Amendment still be ratified today? Congress approved the Equal Rights Amendment in 1972. The relevant consensus is not about a generalized problem, but about the proposed constitutional amendment as a solution. In 1972, the Equal Rights Amendment, designed to guarantee protection against sexual discrimination for women under the law, passed both houses of Congress and was sent to the individual states for ratification. The joint resolution proposing the 21st Amendment, which would repeal the 18th, opens this way: Resolvedthat the following article is hereby proposed as an amendment to the Constitution of the United States, which shall be validwhen ratified by conventions in three-fourths of the several States.. Between 1957 and 1959, she and several federation leaders toured the state stumping for the amendment. Article V of the Constitution of the United States of America. The congress was organized by suffragist Dr. Ellen Lawson Dabbs, secretary of the Texas Equal Rights Association. These feminists argued that legislation including mandated minimum wages, safety regulations, restricted daily and weekly hours, lunch breaks, and maternity provisions would be more beneficial to the majority of women who were forced to work out of economic necessity, not personal fulfillment. Yes, Texas ratified the Equal Rights Amendment (ERA) on March 30th, 1972. Congress, of course, can conclude anything it wishes, including whether a proposed constitutional amendment has been properly ratified. The commission that she chaired reported (after her death) that no ERA was needed, believing that the Supreme Court could give sex the same "suspect" test as race and national origin, through interpretation of the Fifth and Fourteenth Amendments of the Constitution. After the disputed June 30, 1982, extended deadline had come and gone, the Supreme Court, at the beginning of its new term, on October 4, 1982, in the separate case of NOW v. Idaho, 459 U.S. 809 (1982), vacated the federal district court decision in Idaho v. Freeman,[97] which, in addition to declaring March 22, 1979, as ERA's expiration date, had upheld the validity of state rescissions. "Section 3. The Equal Rights Amendment and Utah From the 1960s through the 1980s, proponents of the Equal Rights Amendment (ERA) were seeking ratification in each state throughout the United States. The Equal Rights Amendment was passed by Congress on March 22, 1972 and sent to the states for ratification. "[101] In 2018, Virginia attorney general Mark Herring wrote an opinion suggesting that Congress could extend or remove the ratification deadline. 208 took place in the mid-to-late afternoon in Washington, D.C., when it was still midday in Hawaii. The original joint resolution (H.J.Res. [95], According to research by Jules B. Gerard, professor of law at Washington University in St. Louis, of the 35 legislatures that passed ratification resolutions, 24 of them explicitly referred to the original 1979 deadline.[96]. On November 8, 2019, Representative Jackie Speier (D-California) re-introduced the bill as H.J.Res. The 15 states that did not ratify the Equal Rights Amendment before the 1982 deadline were Alabama, Arizona, Arkansas, Florida, Georgia, Illinois, Louisiana, Mississippi, Missouri, Nevada, North Carolina, Oklahoma, South Carolina, Utah, and Virginia. In 2018, the Republican Party of Texas called on the Legislature to clarify that the ratification of the Equal Rights Amendment was valid only through March 22, 1979. Lawmakers have not taken up the matter. In June 1966, at the Third National Conference on the Status of Women in Washington, D.C., Betty Friedan and a group of activists frustrated with the lack of government action in enforcing Title VII of the Civil Rights Act formed the National Organization for Women (NOW) to act as an "NAACP for women", demanding full equality for American women and men. The creation of a third steppromulgation by Congresshas no foundation in the text of the Constitution.REF Similarly, Professor Grover Rees writes that this theory is no more defensible than to find a third house of Congress hidden cleverly in the interstices of the constitutional language vesting all legislative power in a House and a Senate.REF, Similarly, the OLC concluded that a proposed amendment becomes part of the Constitution when proposed by the requisite majorities of both house of Congress, and has been ratified by the legislatures of three-fourths of the States.REF The OLC opinion rejected the proposition that Congressmay determine whether an amendment has been constitutionally adopted. On December 23, 1981, a federal district court, in the case of Idaho v. Freeman, ruled that the extension of the ERA ratification deadline to June 30, 1982 was not valid, and that ERA had actually expired from state legislative consideration more than two years earlier on the original expiration date of March 22, 1979. Professor Walter Dellinger, for example, writes that Article V requires no additional action by Congress or by anyone else after ratification by the final state. On January 15, the Senate voted 2614 to approve the amendment and forward it to the House of Delegates, but it was defeated there in a 5050 tied vote; at the time, the Republican Party held one-seat majorities in both houses. If it is not, however, the 1972 ERA cannot be ratified because it no longer exists. Why did the Equal Rights Amendment of 1972 fail? Four years later, when considering Senate Joint Resolution 25, the Senate first voted 5131 for an amendment offered by Senator Carl Hayden (DAZ) that read: The provisions of this article shall not be construed to impair any rights, benefits, or exemptions conferred by law upon persons of the female sex.REF The Senate then voted 6319 for the amended version.REF. [18] The proposal was seconded by Dr. Frances Dickinson, a cousin of Susan B. Second, the Supreme Court vacated the district courts decision because, as the Acting Attorney Generals memorandum to the Administrator of General Services explained, the 1972 ERA had failed of adoption after the ratification deadline passed with fewer than three-fourths of the states ratifying. Since formulation of the "three-state strategy" for ratification in 1994, ERA bills have been introduced in subsequent years in one or more legislative sessions in ten of the unratified states (Arizona, Arkansas, Florida, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, Utah, and Virginia). [34][56] President Richard Nixon immediately endorsed the ERA's approval upon its passage by the 92nd Congress. The 1972 Equal Rights Amendment Can No Longer Be RatifiedBecause It No Longer Exists, Second Amendment Libertys Most Essential Safeguard 200 Years Later, President Bidens Questionable Authority To Forgive Student Debt. The amendment to the Texas constitution granting women and men equal legal rights resulted from a fifteen-year campaign spearheaded by the Texas Federation of Business and Professional Women. In 1972, Idaho was among the first wave of states to ratify the ERA, approving it overwhelmingly. Similarly, in Coleman v. Miller,REF the Court discussed whether a proposed amendment had been ratified within a reasonable period of time.REF Neither of these decisions treatment of this issue is relevant to the 1972 ERA. If the CRS is correct that it is not, then additional states cannot ratify it because the 1972 ERA no longer exists. After. It would be a disservice to the citizens of South Dakota to ignore this obligation of my office. By allowing women to keep their existing and future special protections, it was expected that the ERA would be more appealing to its opponents. In 1978, before the original ratification deadline passed, Congress adopted a resolution extending the deadline to June 30, 1982, but no additional states ratified it. The association assumed that passage of the new Family Code, which included these and related proposals, would prevent the need for a constitutional amendment. Anthony. States may still ratify the 1972 ERA only if it remains pending before the states. The text of the measure can be read here. They also feared that the ERA would undercut the male-dominated labor unions that were a core component of the New Deal coalition. This leads to their claim that Congress was free to conclude that the Madison Amendment had been validly ratified and that after ratification by the thirty-eighth state, Congress may also conclude that the ERA has been validly ratified.REF This argument has several flaws. It is the duty of the Attorney General to defend and support our Legislature. With the rise of the women's movement in the United States during the 1960s, the ERA garnered increasing support, and, after being reintroduced by Representative Martha Griffiths in 1971, it was approved by the U.S. House of Representatives on October 12, 1971, and by the U.S. Senate on March 22, 1972, thus submitting the ERA to the state legislatures for ratification, as provided by Article V of the U.S. Constitution. No political, civil, or legal disabilities or inequalities on account of sex or on account of marriage, unless applying equally to both sexes, shall exist within the United States or any territory subject to the jurisdiction thereof. Sherilyn Brandenstein, [137] A more militant feminist group, Grassroots Group of Second Class Citizens, organized a series of non-violent direct action tactics in support of the ERA in Illinois in 1982. [117], On January 30, 2020, the attorneys general of Virginia, Illinois and Nevada filed a lawsuit to require the Archivist of the United States to "carry out his statutory duty of recognizing the complete and final adoption" of the ERA as the Twenty-eighth Amendment to the Constitution. The Texas Legislature ratified the Equal Rights Amendment during a special session on March 30, 1972. [181][182][183] In 2019, a Senate committee voted to advance the ERA to the floor. "[104], South Dakota Attorney General Jason Ravnsborg stated in a press release:[105]. [173] In 2013, ERA Action began to gain traction with this strategy through their coordination with U.S. 47). Such after-the-fact recognition does not, as ERA advocates assert, constitute congressional promulgation of the Madison Amendment.REF, Second, [o]n its merits, the notion of congressional promulgation is inconsistent with both the text of Article V of the Constitution and with the bulk of past practice.REF Both liberal and conservative scholars reject this theory. She also claimed that laws to protect women in the workforce from unsafe working conditions would be needed by men, too, and thus the ERA would help all people. [34], At the 1944 Democratic National Convention, the Democrats made the divisive step of including the ERA in their platform, but the Democratic Party did not become united in favor of the amendment until congressional passage in 1972. [141][142][143] Support from Republican men included President Dwight D. Eisenhower, President Richard Nixon, Senator Richard Lugar and Senator Strom Thurmond. Alice Paul, the head of the National Women's Party, believed that the Nineteenth Amendment would not be enough to ensure that men and women were treated equally regardless of sex. Congress has authority both to impose a ratification deadline and to designate a method of ratification. [90] H.J.Res. What else can I do? Since the President has no role in the constitutional amendment process,REF however, a joint resolution proposing an amendment is sent to the Office of the Federal Register (OFR) for publication and transmittal to the governor of each state.REF, States that ratify an amendment send authenticated ratification documents to the OFR which, in turn, notifies the Archivist of the United States when such documents are received from three-fourths of the states. The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution that would guarantee equal legal rights for all American citizens, regardless of sex. Defense of traditional gender roles proved to be a useful tactic. -- House Vote #197 -- Oct 12, 1971", "TO PASS H.J. At its 1957 convention, the Texas federation accepted Tobolowsky's offer to document the need for the amendment and pledged to fund efforts for its passage. But conclusion does equal promulgation. One of those, regarding the number of seats in the House of Representatives, was proposed in 1789 and ratified by 11 states, the last in 1792. Five state legislatures (Idaho, Kentucky, Nebraska, Tennessee, and South Dakota) voted to revoke their ERA ratifications. Can a state legally rescind their ratification of the Equal Rights Amendment? A brief history of ratification in the states. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. ", "Equal Rights Amendment: State Provisions", "Indiana Ratifies the ERA With Rosalynn Carter's Aid", "Nevada ratifies Equal Rights Amendment decades past deadline", "Illinois House approves Equal Rights Amendment", "Authentication and Proclamation: Proposing a Constitutional Amendment", "South Dakota and the Equal Rights Amendment". Elections in 2023 | RES. "[100], In the context of this judicial precedent, nonpartisan counsel to a Nevada state legislative committee concluded in 2017 that "If three more states sent their ratification to the appropriate federal official, it would then be up to Congress to determine whether a sufficient number of states have ratified the Equal Rights Amendment. The U.S. Senate had passed the Equal Rights Amendment to the Constitution on March 22 of that year, but the required majority of states failed to ratify it by the 1982 deadline. It was the location of the Texas State Fair. In the House of Representatives, Carolyn Maloney (D-New York) has sponsored it since the 105th Congress,[187] most recently in August 2013. Meanwhile, state-level equivalents abound. Thomas Jipping is Deputy Director and Senior Legal Fellow in the Edwin Meese III Center for Legal and Judicial Studies, of the Institute for Constitutional Government, at The Heritage Foundation. By 1977, the legislatures of 35 states had approved the amendment. They create a baseless distinction between ratification deadlines that appear in an amendments text and in a joint resolutions proposing clause. . 10), Kentucky (March 17, 1978: House [Joint] Resolution No. In 1982, seven female ERA supporters, known as the Grassroots Group of Second Class Citizens, went on a fast and seventeen chained themselves to the entrance of the Illinois Senate chamber. [7] Since 1978, attempts have been made in Congress to extend or remove the deadline. National Archives, General Records of the United States Government. It was sent to the states for ratification on March 22nd, 1972. *Five states have voted to rescind or otherwise withdraw their ratification of the ERA. The Texas Equal Rights Amendment, also known as Proposition 7, was on the November 7, 1972 ballot in Texas as a legislatively referred constitutional amendment, where it was approved. [49], On August 10, 1970, Michigan Democrat Martha Griffiths successfully brought the Equal Rights Amendment to the House floor, after 15 years of the joint resolution having languished in the House Judiciary Committee. The lieutenant governor of Kentucky, Thelma Stovall, who was acting as governor in the governor's absence, vetoed the rescinding resolution. Instead, it was usually blocked in committee; except in 1946, when it was defeated in the Senate by a vote of 38 to 35not receiving the required two-thirds supermajority. Not a single additional state ratified the amendment during the deadline extension period, and five states had already rescinded their ratification. Neither the House nor the Senate has voted on a resolution to propose the ERA in more than three decades. Senators and Representatives not only to introduce legislation in both houses of Congress to remove the ratification deadline, but also in gaining legislative sponsors. "[163] Opposition to the amendment was particularly high among religious conservatives, who argued that the amendment would guarantee universal abortion rights and the right for homosexual couples to marry. America? Fourth, this argument fails again to distinguish between amendments that have no ratification deadline and those that do. The South Dakota Legislature ratified the ERA in 1973, but in 1979 passed Senate Joint Resolution 2 which required the ERA be ratified in the original time limit set by Congress or be rescinded. Through 1977, the amendment received 35 of the necessary 38 state ratifications. [112][113] Subsequently, the Supreme Court denied the request to intervene before the First Circuit gives its decision. [6] Women who supported traditional gender roles started to oppose the ERA. Suffragists such as Elizabeth Cady Stanton and Lucretia Mott convened a meeting of over 300 people in Seneca Falls, New York. [27], The National Woman's Party already had tested its approach in Wisconsin, where it won passage of the Wisconsin Equal Rights Law in 1921. As of January 2020, the bill had 224 co-sponsors. Between 1995 and 2016, ERA ratification bills were released from committee in some states and were passed by one but not both houses of the legislature in two of them. Several states crafted and adopted their own equal rights amendments during the 1970s and 1980s, while the ERA was before the states, or afterward. As outlined above, however, Coleman explicitly acknowledged this distinction. 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Equality before the first Circuit gives its decision Congress shall have the power to enforce, by appropriate,... Single additional state ratified the Equal Rights Association 1977, the provisions of this article Thelma,. Can no longer exists withdraw their ratification of the page across from the lawsuit in February 2022 had co-sponsors... The legislatures of 35 states had approved the Amendment during the deadline extension,. Provisions of this article single additional state ratified the Equal Rights Amendment during the deadline legal effect to. Example, a question of equality before the joint resolution is pending at the national in. 104 ], South Dakota Legislature rescinded its ratification of the resolutions before each convention ] South. Of 35 states had already rescinded their ratification of the resolutions before each convention have been made in to!
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