We must remember some of the issues that killed it, and how those would have gone to the supreme court.
In all, the amendment came up two states short. The states that came closest were Iowa, Missouri and Nevada. It went to the voters in Iowa, and appeared to be so close nobody could predict the results. Had it passed there, one of the other two states may have ratified it and it would have become part of the constitution.
It failed in Iowa, not because of religious-right rhetoric, but because opponents came out with the argument that if you could not discriminate by sex, you might eliminate girls' basketball in high school, since you could not keep boys off the teams.
That's right, the issue of girls' high school basketball killed it in one of only two states needed for ratification.