Legislative Advocacy Packet In Support of the Ratification of The Equal Rights Amendment Prepared By: Nevadans for Equal Rights February 6, 2017 Nevadans 4 Equal Rights mission is to promote and educate Nevadans to support the ratification of the Equal Rights Amendment Table of Contents I. INTRODUCTION II. LETTERS OF SUPPORT III. IV. A. Nevadans 4 Equal Rights (February 6, 2017) B. ERA Action (February 6, 2017) C. Katrina’s Dream (February 6, 2017) FACT SHEETS A. What is the Three State Strategy for Ratification of the Equal Rights Amendment (2016) B. The Equal Rights Amendment: Unfinished Business for the Constitution (Exhibit J – Minutes of the Senate Committee on Legislative Operations and Elections Seventy-Eight Session (April 8, 2015) C. The Maria Shriver Report: Figures and Facts Sheet (2014) D. ERA Pilgrimage Fact Sheet (August 26, 2015) 115th U.S. CONGRESS A. B. SENATE RESOLUTION – U.S Senator Benjamin Cardin 1. Dear Colleague Letter (January 11, 2017) 2. Text of S.J. Res. 5 3. Press Release HOUSE RESOLUTION – U.S. Representative Jackie Speier 1. Dear Colleague Letter 2. Text of H.J. Res. 53 3. Press Release I. INTRODUCTION Since 1923, the Equal Rights Amendment has been introduced into every session of Congress. On March 22, 1972, the United States Congress adopted a resolution to amend the constitution to provide equal rights for men and women. The 1972 United States Senate voted on H.J. Res. 2008 was 84 to eight. The House had already approved of the resolution in 1971 by a vote of 354 to 24. In order for the proposed Equal Rights Amendment to become part of our constitution three fourths of the states, a total of 38, must ratify the amendment. At the beginning of 1979, 35 states had rapidly ratified the amendment. Then process stalled out. Following the passage in 1992 of the “Madison Amendment”, which took no less than 203 years to be ratified, the introduction of “Three State Strategy” legislation in our U.S. Congress has resultant in significant resurgence on both the state and federal level and in society. Nevada is one of the 15 states that have not yet ratified the Equal Rights Amendment. Women and human rights proponents argue that an Equal Rights Amendment to the constitution is needed, because discrimination on “the basis of sex” is firmly embedded in our legal system. It is their position that any system of dual rights and responsibilities lead to one group's dominance. Ones’ sex and or gender identification is not a permissible factor in determining women and human rights that such classification denies individual rights. ERA proponents state that at present time state and federal legislation has not eliminated sexual discrimination in many aspects of life. A constitutional amendment would provide the necessary mandate for legislation in litigation to write a gate legal inequality between the sexes to support the equal rights amendment is both a symbolic all and a practical instrument for change. II. Letters of Support A. Nevadans 4 Equal Rights (February 6, 2017) B. ERA Action (February 6, 2017) C. Katrina’s Dream (February 6, 2017) February 6, 2017 Nevada Legislature State Capitol Building 101 North Carson Carson City, NV 89701 Re: Ratification of the Equal Rights Amendment To the Nevada Legislature: Nevadans for Equal Rights is a statewide group of women rights activists dedicated to the passage of the Equal Rights Amendment (ERA). The text of the Equal Rights Amendment reads: Section 1. Women shall have equal rights in the United States and every place subject to its jurisdiction. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. Section 2. Congress and the several States shall have the power to enforce, by appropriate legislation, the provisions of this article. Section 3. This amendment shall take effect two years after the date of ratification. Many organizations have been working on the ERA since it was first introduced in the 1920's by suffragist Alice Paul and Cynthia Eastman nearly a century ago. It passed through Congress in 1972. It fell three states short of ratifying in 1982. With our U.S. Congress moving ahead to remove the time restriction the Equal Rights Amendment is the most efficient way to empower women. We are writing to urge the Nevada Legislature to support the ratification of the Equal Rights Amendment during the 79th Session and vote YES on Senator Spearman’s SJR (R-13) when it come to the floor, as the U.S. Constitution does not prohibit discrimination on the account of sex. It will be herstoric when the Nevada Legislators vote to YES for the Equal Rights Amendment making Nevada the first state in the 21st Century to ratify the ERA. Thank you so much for all that you do to serve the great State of Nevada and the United States of America. Sincerely, Nevadans for Equal Rights Nevadans 4 Equal Rights mission is to promote and educate Nevadans to support the ratification of the Equal Rights Amendment Equal Rights Amendment Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. February 6, 2012 Nevada Legislature State Capitol Building 101 North Carson Street Carson City, Nevada 89701 Re: Pledge Your YES Vote on Co-Majority Whip Spearman’s Equal Rights Amendment Ratification Legislation To the Honorable Members of The 79th Nevada Legislature Sex discrimination is not illegal under the United States Constitution and will not be until the legislatures of three more states ratify the 1972 Equal Rights Amendment (ERA). The absence of the basic protection the E.R.A. will provide nationally is a human and civil rights violation and leaves American women and girls, especially our sisters of color, vulnerable in every aspect of life from cradle to grave. Nevada is one of the states yet to ratify the E.R.A. and the 79th Legislature is in a unique position to revive the unfinished ratification process by becoming the 36th state to pass the E.R.A.—the first in the 21st Century. We represent voters in your district, Nevadans who support equality and advocates for E.R.A. ratification from across the country and around the world and are writing to ask you to do your part to secure basic protection for U.S. women and girls with a PLEDGE to vote Yes on Co-Majority Whip Spearman’s E.R.A. ratification legislation. As you might know, the E.R.A. was first introduced to Congress in 1923 and every year after until it passed out of both chambers in 1972 with an arbitrary seven-year deadline for ratification. The deadline was later extended (recent joint resolutions to remove is moving through U.S. Senate and House of Representatives) three more years by Congress. However, when the ten years were up in 1982, thirty-five of the necessary thirty-eight states had ratified—just three states short. Again, Nevada is one of the states preventing solid protection in our bedrock document for more than half the country. We ask you to right this wrong by voting YES to ratify the E.R.A. when it comes to the floor. Ratification of the E.R.A. will enshrine equality for women and girls into the Constitution and serve as the ultimate honor to America’s foremothers who dedicated themselves heart and soul for the betterment of America’s daughters. The E.R.A. will safeguard the advancements women have made from being revoked on a politically motivated whim, will move the United States closer to becoming a more perfect union for all and will send a clear message to our world-wide neighbors that America firmly stands for the principles our nation was built upon. E.R.A. ratification in Nevada will revive the ratification process nationally and cement your state as a stepping stone toward a more just America in our history books. We thank you in advance for your Yes vote. Sincerely, Tammy Simkins and Cathy Kaelin Co-Directors, ERA Action 740-701-9137/513-218-7786 eraaction.org Katrina’s Dream Liberty & Justice for All Dedicated to the Full Inclusion of Women in the Church and in Society On January 2, 1942 at the beginning of a ghastly war, this picture was on the front page of newspapers around the world with the headline: Little Girl Meets Roosevelt & Churchill. However, Katrina was telling everyone, “I met Mrs. Roosevelt on my birthday: Mrs. Roosevelt is just behind Churchill. February6th,2017 NevadaLegislature StateCapitolBuilding 101NorthCarsonStreet CarsonCity,Nevada89701 Re:SupportofNevada’sRatificationoftheEqualRightsAmendment TotheMembersofthe79thNevadaLegislature: AsthefounderofKatrina’sDream,Ifollowinthestepsofmylatemother-in-law,The Rev. Katrina Martha Van Alstyne Welles Swanson. She dreamed of an America that wouldhavewelcomedherandallwomenwithEqualRights.Inconversationswithher during her last sixteen months, she knew that the country she loved would one day treatwomenequally. OnMarch8th,2014Iembarkedonapilgrimagecoveringthe15statesthathaveyetto ratifytheEqualRightsAmendment.Onthatpilgrimageiswasmyprivilegetotalkwith people across American - from U.S. Representative and U.S. Senators in their district officestogroupsmeetinginbarsandcoffeeshopsfromCaliforniatoWashington,D.C. I can speak for a large number of Americans who are waiting for the Equal Rights AmendmenttoberatifiedandbecomeapartofourU.S.Constitution. It is over 150 years since brave Americans gathered in Seneca Falls, New York, to demand an equality denied women then and shamefully is still denied today. Their unfulfilledwordsareengravedthereonamarblewall: “We hold these truths to be self-evident: that all men and women are created equal; thattheyareendowedbytheirCreatorwithcertaininalienablerights;thatamongthese arethepursuitoflife,libertyandhappiness;thattosecuretheserightsgovernmentsare instituted,derivingtheirjustpowersfromtheconsentofthegoverned.” Board of Directors Rev. Deacon Robert T. Coolidge Katrina’s Dream William R. MacKaye Rev. Kathryn A. Piccard Hèlène de Boissière Swanson † Post Office Box 32003 † Washington, D.C. Katrina’s Dream is a registered 501 (c) 3 Non-Profit Corporation † 20007 79th Nevada Legislature Letter of Support for ERA February 6th, 2017 Page 2 of 2 TheEqualRightsAmendmentpassedinCongressin1972andwassenttothestatesfor ratification.By1982,allbutthreestatesoftherequired38stateshadratified.Nowis the time to move our great nation forward. Now is the time for Nevada to ratify the EqualRightsAmendment. Iwriterepresentingthelivinganddead–menandwomenwhodreamofajusticethat Americanshaveneverknown. As oppressed women and men in our land and in foreign lands, are demanding full human rights in the streets across the globe, will Nevada deny equality to fifty one percentofourcitizens?Andsufferingwiththem,weseechildrenwhosharetheplight ofsecond-ratestatusoftheirmothers. It is my privilege, respectfully and at the top of our voices, to demand that you grant justiceforwomenbyratifyingtheEqualRightsAmendment. LoveandLightinChrist, HélènedeBoissière-Swanson,Founder Katrina’sDream III. FACT SHEETS A. What is the Three State Strategy for Ratification of the Equal Rights Amendment (2016) B. The Equal Rights Amendment: Unfinished Business for the Constitution (Exhibit J – Minutes of the Senate Committee on Legislative Operations and Elections Seventy-Eight Session (April 8, 2015) C. The Maria Shriver Report: Figures and Facts Sheet (2014) D. ERA Pilgrimage Fact Sheet (August 26, 2015) This document was prepared by Political Scientist and Organizer Janette Dean at (775) 870-1050. For more information, visit equalrightsamendment.org and eraeducationproject.com or call Senator Patricia Spearman at (775) 684-1424. FULL AMENDMENT TEXT Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. Section 3. This amendment shall take effect two years after the date of ratification. KEY POINTS (As of April 5, 2015) The most recent amendment to the Constitution, added in 1992, is the 27th Amendment which finally became an amendment after 203 years (it had been introduced in 1789 with no deadline). It delays Congressional salary changes from taking effect until the next term. As a result, many resolutions to rescind the ERA’s unnecessary 1982 deadline have been made in Congress with more on the way. Congress passed the ERA on March 22, 1972 after annual efforts since 1923, and ¾ of 50 states (38) were then needed to ratify it. In the 18th and 19th centuries, amendments were not given ratification deadlines nor does the Constitution require a deadline. The original ERA ratification deadline was 1979, only seven years. During that time, ratification by 35 of 50 states was achieved, however, due to momentous support: 33 states ratified within just two years and an additional two by 1977. Congress then passed a three-year deadline extension to 1982 (in response to a seven-year extension request), but no additional states succeeded within those three years and state efforts mainly paused until this new century. Now, with three more states’ ratification of the ERA and Congress’ vote to once again lift or void the old 1982 deadline, legal experts say the ERA will then become an amendment as it should be (see SJR16 Exhibit file, “Legal Answers About the ERA – August 2014.”) The remaining states that have not yet ratified the ERA are: the three Western states of Nevada, Arizona and Utah, some Southern states, and the two Midwest states of Illinois and Missouri. Note: The states of Texas, Wyoming, and Montana who share similarities with Nevada have already ratified the ERA. The Equal Protection Clause of the 14th Amendment only allows “intermediate scrutiny” in sex discrimination cases, NOT the “strict scrutiny” that the ERA would require like other basic rights in the constitution. In addition, although 22 states have their own ERA laws, they are not always applied properly due to the lack of an ERA at the federal level. Currently, under state statute NRS 233 enacted in 1961 and updated as recently as 2011, Nevada does specifically protect against discrimination by sex and many other characteristics for housing, service in public accommodations, employment, and an overarching area which is open to interpretation, but a federal ERA would be a stronger constitutional right like other basic rights ofEXHIBIT citizens inJthe Bill of Rights and other amendments. Senate Committee on Legislative EXHIBIT J Senate Committee on Legislative Operations & Elections Operations & Elections Date: 4-8-2015 Total pages: 2 Date: Total pages: 2 Exhibit 4-8-2015 begins with: J1 thru: J2 Page 2 of 2 A federal ERA is also important because a national law that discriminates against sex is required for the U.S. to finally become a ratifying party to the U.N.’s international Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) which over 194 countries are already parties to (only the U.S., Somalia, Sudan, South Sudan, Iran, Palau, and Tongo have not yet ratified it). Britain passed its ERA in 1975 and the other European Economic Community countries followed suit right away. Many people mistakenly think the ERA is already part of the U.S. Constitution. A July 2001 Opinion Research Corporation survey showed that 96% of U.S. adults believe that male and female citizens should have equal rights, and 88% believe that the U.S. Constitution should affirm that these rights are equal. However, nearly three-quarters of the respondents – 72% – mistakenly believed that the Constitution already includes such a guarantee. Highly suspect arguments by the remaining few ERA opponents are properly addressed in SJR16 Exhibit file, “Legal Answers About the ERA – August 2014.” NEVADA Nevada ratification of the ERA through a resolution passed the Assembly in 1975 and the Senate in 1977, but it has not yet passed both houses with the majority needed (51% or more of the 21-seat Senate and the 42-seat Assembly). Governors do not sign resolutions, but are welcome to support them. The last resolution to ratify the ERA in Nevada was introduced by Assemblywoman Kathryn McClain in 2009, but it died in committee partially due to Congress’ need to still lift the 1982 deadline as well as fears of nonpassage by the Senate. At that time, Honorable Senate Minority Leader William Raggio said he was afraid that, "It's something that's just going stir up all kinds of arguments.” (Las Vegas Sun 2005). These reasons are no longer valid for not ratifying the ERA anymore in Nevada though because 1) progress on final ratification by states and progress on changing the Congressional deadline (through continuing new resolutions) reinforce each other and 2) only a few people still argue against it compared to the vast majority of Nevadans who argue for it. Nevada Senator Patricia Spearman, who has worked on many bills for social justice, accepted UNR Political Science Senior Janette Dean’s request to introduce a 2015 Senate Joint Resolution to finally ratify the ERA in Nevada. Joint resolutions can have ten primary sponsors (five each from the Senate and the House which includes the introducer) as well as many co-sponsors. Assemblyman Harvey Munford was also willing to introduce ratification as an Assembly Joint Resolution if needed at the request of organizer John Johnson of Las Vegas who also works on social justice issues because many men fully support the ERA as well. NON-PARTISAN groups supporting ratification with Republican members include, but are not limited to Nevada chapters of the American Association of University Women and the National Association of Social Workers (NASW) as well as the Nevada Women’s Lobby. OTHER STATES Sausalito resident, Episcopalian priest, and cross-country ERA pilgrim, Helene Swanson, has been visiting key states in 2014 and 2015 on foot to inspire ERA ratification. Consequently, stronger efforts have now been underway here in Nevada (where she once lived) as well as in Illinois, Virginia, Arizona, and other states including Utah where Mormons for the ERA are active. Illinois requires an unusual 3/5 majority to pass a resolution, but last May 22, their Senate passed ratification and their House was only a few votes shy of House passage in June and November 2014. J2 2/3/2017 The Shriver Report – A Woman’s Nation Pushes Back from the Brink: Facts and Figures SEARCH Special Edition WHO WE ARE Education + Family + Health + Men + Money + Work Special Report A WOMAN'S NATION PUSHES BACK FROM THE BRINK WHAT WE DO WHO WE WORK WITH DONATE A Woman’s Nation Pushes Back from the Brink: Facts and Figures 01.12.2014 SHARE FONT SIZE One in three women in America are living in poverty or teetering on its brink. That’s 42 million women plus the 28 million children who depend on them. Tweet Like 251 Aa Aa Aa The American family has changed. Today, only one in five families has a homemaker mom and working dad. Two out of three families depend on the wages of working moms who are struggling to balance caregiving and breadwinning. The average woman continues to be paid 77 cents for every dollar the average man earns. The average African American woman earns only 64 cents and the average Latina only 55 cents compared to white men. Closing the wage gap between men and women would cut the poverty rate in half for working women and their families and would add nearly half a trillion dollars to the national economy. You're viewing an excerpt from TSR Special Report: A Woman's Nation Pushes Back From The Brink Women are nearly two-thirds of minimum-wage workers, and a vast majority of these workers receive no paid sick days. Not one. More than half of the babies born to women under the age of 30 are born to unmarried mothers, most of them white. READ MORE Nearly two-thirds of Americans and 85 percent of Millennials believe that government should adapt to the reality of single-parent families and use its resources to help children and mothers succeed, regardless of family status. An overwhelming 96 percent of single mothers say paid leave is the workplace policy that would help them most, and nearly 80 percent of all Americans say the government should expand access to high-quality, affordable child care. Women living on the brink overwhelmingly regret not making education a bigger priority. The trauma and chronic stress of poverty are toxic to children, making them two and a half times more likely to suffer as adults from COPD, hepatitis, and depression. Be an Architect of Change. http://shriverreport.org/a-womans-nation-pushes-back-from-the-brink-facts-and-figures/ 1/2 HELENEdeBOISSIERE-SWANSON’SPILGRIMAGE FORTHEEQUALRIGHTSAMENDMENT Helene de Boissiere - Swanson, one of Katrina’s Dream four co-founders, engaged as a spiritual duty, made a pilgrimage across the United States promoting the passage of the Equal Rights Amendment (E.R.A.). Helene started her journey on International Women's Day Bridgewalk at the Golden Gate Bridge in San Francisco, CA on March 8, 2014. She slepy roadside, at the occasional Good Samaritan’s home, and in churches along her route. She arrived in Washington, D.C. on August 26, 2015, where she met with this nation’s leaders to demand the passage of the federal Equal Rights Amendment. The pilgrimage was a slightly over 7,000 miles. Helene made her way all of the 15 non-ratifying states: Nevada, Arizona, Utah, Oklahoma, Missouri, Illinois, Arkansas, Louisiana, Mississippi, Alabama, Florida, Georgia, North Carolina, South Carolina, and Virginia. Helene, an Episcopalian and aspirant for the priesthood of the Church of North India, co-founded Katrina’s Dream in memory of her late mother-in-law, the Rev. Katrina Martha Van Alstyne Welles Swanson. Katrina was one of the "Philadelphia Eleven "- eleven women who were "irregularly" ordained to the priesthood in 1974, becoming the U.S. Episcopal Church’s first female priests. When the Equal Rights Amendment failed to be ratified by the required 38 states, Katrina began to recite the Pledge of Allegiance “with Liberty and Justice for SOME!” When questioned “Why ‘some”? She would reply, “Because the ERA was voted down, retired women are more likely to live in poverty than men.” BACKGROUND The U.S. Constitution does not guarantee equal rights for women. The only right guaranteed women in the United States have is the right to vote. The Equal Rights Amendment states: "Equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex." It is a simple statement that would define the meaning of "We the people" to include the majority of the population--that is women. Since 1923, activists have been trying to pass the Equal Rights Amendment (ERA). US Congress first approved the ERA and sent it to the states for ratification in 1972. Within a year, 30 states had ratified. By the end of the seven-year deadline though, only 35 states ratified -- three states short. In 2009, Katrina’s Dream’s Letter of Endorsement was included in Congresswoman Tammy Baldwin’s Resolution HJ 47- the “Three State Strategy” that resurrected the ERA. WITHOUT THE ERA 1. Women fighting for equal pay have no consistent judicial standard for deciding legal cases, with women earning 78 cents for every dollar earned by a man, with African American women and Latinas making even less, 64 cents and 53 cents respectively. The gender pay gap remains stalled; and 2. According to The Shriver Report, 1 in 3 American women, 42 million women, plus 28 million children, either live in poverty or are right on the brink of it. (The report defines the “brink of poverty” as making $47,000 a year for a family of four.) Two-thirds of American women are either the primary or co-breadwinners of their families; and 3. One out of every four women is a victim of domestic violence and one out of every five has been or will be raped. The ERA would help ensure fair consideration in court cases concerning the wage gap, and also in cases about domestic violence, rape, forced prostitution and sexual slavery; and 4. The gaps in poverty rates between men and women is wider than anywhere else in the western world with 75 percent of elderly Americans living in poverty which are women. PARTIAL LIST OF MEDIA COVERAGE ON PILGRIMAGE NEWS PRINT AND TELEVISION San Francisco, CA http://abclocal.go.com/kgo/story?id=9459404 Vallejo, CA http://www.timesheraldonline.com/news/ci_25342635/woman-walking-across-nation-urge-passage-equal-rghts Marin County, CA http://www.marinij.com/marinnews/ci_25378293/sausalito-woman-walks-across-nation-urge-passage-equal Lake Tahoe, CA http://www.tahoedailytribune.com/southshore/10948817-113/amendment-states-support-swanson Pahrump, NV http://pvtimes.com/news/woman-walks-across-15-states-era.html?i Edwardsville, IL http://www.theintelligencer.com/local_news/article_dc4fb024-6c2a-11e4-b614-4f60de0f5b7d.html Springfield, IL http://altondailynews.com/news/details.cfm?clientid=17&id=152795#.VU0reovF_LA Tallahassee, FL http://news.wfsu.org/post/activist-crosses-country-foot-promote-equal-rights-amendment RADIO The Woman’s Hour with Andrea Miller, Cathy Pagnaelli, and Tammy Simkins Guests: Bishop Joe Morris Doss of At The Threshold, Portia Boulger, & Helene Swanson of Katrina’s Dream http://www.blogtalkradio.com/pdan/2014/11/04/the-womensroom?fb_comment_id=fbc_692063577557249_697101173720156_697101173720156#f3cd7990e8 Every Woman with Sharon Lockhart Guests: Marion Dyer and Helene Swanson http://www.kkfi.org/program/every-woman/ The Living Room with Kris Welch - Special International Women’s Day Broadcast – KPFA Guests: Toby Blome of Code Pink and Helene Swanson of Katrina’s Dream https://www.kpfa.org/archive/show/25850 ARTICLES Episcopal Church Women – Spring 2014 ECommuniqué http://ecwnational.org/twentytwelve/communique/2014-spring-communique/ BLOGS ERA Minnesota - Pivoting towards Equity: A Woman’s Equality Day Conversation http://www.eramn.org/home/previous/2 It’s Not About Me – Walking Across the Country for Equality http://notaboutmichael.blogspot.com/2014/10/walking-across-country-for-equality.html WEBSITES The Living Church http://www.livingchurch.org/march-rally-renew-era IV. 115th U.S. CONGRESS A. B. SENATE RESOLUTION – U.S Senator Benjamin Cardin 1. Dear Colleague Letter (January 11, 2017) 2. Text of S.J. Res. 5 3. Press Release HOUSE RESOLUTION – U.S. Representative Jackie Speier 1. Dear Colleague Letter 2. Text of H.J. Res. 53 3. Press Release KIN17022 S.L.C. 115TH CONGRESS 1ST SESSION S. J. RES. ll Removing the deadline for the ratification of the equal rights amendment. IN THE SENATE OF THE UNITED STATES llllllllll Mr. CARDIN introduced the following joint resolution; which was read twice and referred to the Committee on llllllllll JOINT RESOLUTION Removing the deadline for the ratification of the equal rights amendment. 1 Resolved by the Senate and House of Representatives 2 of the United States of America in Congress assembled, 3 That notwithstanding any time limit contained in House 4 Joint Resolution 208, 92d Congress, as agreed to in the 5 Senate on March 22, 1972, the article of amendment pro6 posed to the States in that joint resolution shall be valid 7 to all intents and purposes as part of the Constitution 8 whenever ratified by the legislatures of three-fourths of 9 the several States. 2/2/2017 Cardin Measure Would Immediately Revive Consideration of the Equal Rights Amendment (ERA) | U.S. Senator Ben Cardin of Maryland (/contact) (/) JANUARY 18, 2017 Cardin Measure Would Immediately Revive Consideration of the Equal Rights Amendment (ERA) As hundreds of thousands of Americans prepare to attend the Women’s March on Washington, Senator urges national guarantee of full equality WASHINGTON – U.S. Senator Ben Cardin (D-Md.) today announced the formal reintroduction of a resolution, S.J. Res. 5, to immediately revive the consideration of the Equal Rights Amendment (ERA), which needs to be ratified by only three additional states to ensure our Constitution finally guarantees full and equal protections to women. Senator Cardin’s ERA resolution has the active support of the ERA Coalition, an umbrella organization comprised of dozens of civil and human rights organizations. The reintroduction comes just days before hundreds of https://www.cardin.senate.gov/newsroom/press/release/cardin-measure-would-immediately-revive-consideration-of-the-equal-rights-amendment-era 1/4 2/2/2017 Cardin Measure Would Immediately Revive Consideration of the Equal Rights Amendment (ERA) | U.S. Senator Ben Cardin of Maryland thousands of women and men are expected in our Nation’s Capital for the Women’s March on Washington. Senator Cardin plans to participate in the march with three generations of Cardin women: his wife, daughter and granddaughters. “I think many Americans would be shocked to find out that the U.S. Constitution still lacks a provision ensuring gender equality. Think about that: in 2017, women lack the same constitutional protections as men. This is clearly wrong and needs permanent correction,” said Senator Cardin. “America was built on the promise of equal rights. Our history is defined by groups struggling to achieve full equality under the law. It’s long past time for us to recognize the equality of women in our fundamental governing documents.” When Congress proposed the ERA in 1972, it provided that the measure had to be ratified by three-fourths of the states (38) within seven years. This deadline was later extended to 10 years by a joint resolution enacted by Congress, but ultimately only 35 out of 38 States had ratified the ERA when the deadline expired in 1982. To put that in context, in 1992, the 27th Amendment to the Constitution, which prohibits immediate Congressional pay raises, was ratified after 203 years. Senator Cardin’s legislation would immediately remove the ratification deadline and revive the consideration of the ERA by the states. The Equal Rights Amendment is slightly longer than two tweets but would finally give women full and equal protection under the Constitution. It reads as follows: Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article. Section 3. This amendment shall take effect two years after the date of ratification. https://www.cardin.senate.gov/newsroom/press/release/cardin-measure-would-immediately-revive-consideration-of-the-equal-rights-amendment-era 2/4 2/2/2017 Cardin Measure Would Immediately Revive Consideration of the Equal Rights Amendment (ERA) | U.S. Senator Ben Cardin of Maryland “Article V of the Constitution contains no time limits for ratification of amendments, and the ERA time limit was contained in a joint resolution, not the actual text of the amendment. The Senate could pass my legislation removing the 10-year deadline right now,” said Senator Cardin. “I hope that the Majority Leader will bring this legislation up for a vote because American women deserve to know that their most fundamental rights are explicitly protected by our nation’s most venerated document. And what better way to set a positive tone for a new Congress and presidential administration than to take clear steps to fix a long-standing slight to America’s women.” The amendment gives power to Congress to enforce its provisions by appropriate legislation, and the amendment would take effect two years after ratification. “Today, nearly half of the states in America have a version of the ERA written into their state constitutions. In Maryland, my home state, the constitution reads that ‘Equality of rights under the law shall not be abridged or denied because of sex,’” said Senator Cardin. “Those sentiments also represent the present-day views of the vast majority of people across America and are the spirit that underpins this legislation. Congress should give the states another chance to ratify the ERA and correct this historical injustice.” Representative Jackie Speier (D-Calif.) will once again introduce the House companion version of this legislation shortly. Senator Cardin’s legislation is part of a two-track approach to ERA ratification, with Senator Bob Menendez (D-N.J.) also preparing to introduce legislation to revive consideration of the ERA. As Senator Cardin’s resolution would remove the deadline for states to ratify the ERA, which has already been ratified by 35 states, Senator Menendez’s resolution would begin the process anew, giving all states a fresh opportunity to voice their support for women’s equality. The 20 senators listed below have joined Senator Cardin’s resolution as original cosponsors. Additional cosponsors will be added during upcoming legislative days. https://www.cardin.senate.gov/newsroom/press/release/cardin-measure-would-immediately-revive-consideration-of-the-equal-rights-amendment-era 3/4 2/2/2017 Cardin Measure Would Immediately Revive Consideration of the Equal Rights Amendment (ERA) | U.S. Senator Ben Cardin of Maryland Sen Baldwin, Tammy [D-Wisc.] Sen Booker, Cory A. [D-N.J.] Sen Brown, Sherrod [D-Ohio] Sen Feinstein, Dianne [D-Calif.] Sen Franken, Al [D-Minn.] Sen Gillibrand, Kirsten E. [D-N.Y.] Sen Kaine, Tim [D-Va.] Sen Klobuchar, Amy [D-Minn.] Sen Markey, Edward J. [D-Mass.] Sen Menendez, Robert [D-N.J.] Sen Merkley, Jeff [D-Ore.] Sen Reed, Jack [D-R.I.] Sen Sanders, Bernard [I-Vt.] Sen Stabenow, Debbie [D-Mich.] Sen Udall, Tom [D-N.M.] Sen Van Hollen, Chris [D-Md.] Sen Warner, Mark R. [D-Va.] Sen Warren, Elizabeth [D-Mass.] Sen Whitehouse, Sheldon [D-R.I.] Sen Wyden, Ron [D-Ore.] ### https://www.cardin.senate.gov/newsroom/press/release/cardin-measure-would-immediately-revive-consideration-of-the-equal-rights-amendment-era 4/4 Cosponsor Rep. Speier Equal Rights Amendment Bill (H.J. Res. 53) - Its 2017 and Women Still Aren't Protected by the US Constitution? Dear Colleague: It’s 2017 and women still aren’t equal under the U.S. Constitution? The late Supreme Court Justice Antonin Scalia didn’t think they are: “Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t.” Justice Scalia’s words should haunt every woman and man in this country who believes everyone deserves equal treatment under the Constitution. In 1923, on the seventy-fifth anniversary of the Seneca Falls Convention, suffragist and Republican Alice Paul first announced the ERA. This constitutional amendment was introduced in every session of Congress from 1923 until it passed in 1972. Unfortunately the ratification effort fell 3 states short when the deadline expired. My legislation, H.J. Res. 53, would repeal the expired deadline and restart the ratification clock at the current 35state level, without a new time limit. Then only three more states would need to ratify the ERA for it to become part of the Constitution. Current state efforts are already under way to do so in Illinois, Nevada, and Virginia. Please join me as a cosponsor of this important legislation. All the best, Jackie Speier Member of Congress Congresswoman Speier’s legislation has been endorsed by the following groups: 9 to 5, Alaska Women’s Network, Alice Paul Institute, American Association of University Women (AAUW), American Ethical Union, American Humanist Association (AHA), AHA Feminist Caucus, Business and Professional Women's Foundation (BPW), Arkansans 4 Immediate Passage of ERA, Center for Advancement of Public Policy (CAPP), Center for Women's Policy Studies, Clearinghouse on Women’s Issues, Coalition for the ERA, Coalition of Labor Union Women, CT Permanente Commission on Women, ERA Action, ERAmerica, ERA Campaign Network, ERA Coalition, ERA Education Fund, Inc, ERA NOW, Equal Rights Advocates, Equal Rights Alliance, Equal Visibility Everywhere, Federally Employed Women, Feminist Majority, Gender Equality Solidarity Society, Girls Gotta Run Foundation, Girls Give Back, The Gray Panthers, Hadassah Women’s Zionist, Indian American Leadership Council, Katrina’s Dream, The Majority United, Missouri Women’s Network, National Association of Social Workers, National Congress of Black Women, National Council of Jewish Women, National Council of PR Women, National Council of Women of USA, National Council of Women's Organization- ERA Task Force, National Gay and Lesbian Task Force, National Organization for Women (NOW), National Women's Law Center, National Women's Political Caucus, NWPC-Florida, NWPC-Missouri, NYPC-New Mexico, One Struggle One Fight, People Demanding Action, Progressive Democrats of America, Radical Women, Ratify ERA-NC, Responsible for Equality and Liberty, Ross Co.-OH, San Francisco Dept. on the Status of Women, School Girls Unite!, Secular Woman, Washington Office, United for Equality LLC, United Methodist Women, UniteWomen.org, US Women’s Chamber Commerce, VA (Arlington Co.) Commission for Women, VoteERA.org, We Are Woman, WomenMatter.Org, Women Rise Up Now, Women’s Campaign Fund, Women’s Democratic Club, Women’s Research and Education Institute, Women’s Suburban Dem. Club, The Women's Zionist Organization of America, Inc., Youth Activism Project, Inc., and YWCA. 1 G:\M\15\SPEIER\SPEIER_001.XML [114HJ51] ..................................................................... (Original Signature of Member) 115TH CONGRESS 1ST SESSION H. J. RES. ll Removing the deadline for the ratification of the equal rights amendment. IN THE HOUSE OF REPRESENTATIVES Ms. SPEIER introduced the following joint resolution; which was referred to the Committee on lllllllllllllll JOINT RESOLUTION Removing the deadline for the ratification of the equal rights amendment. 1 Resolved by the Senate and House of Representatives 2 of the United States of America in Congress assembled, 3 That notwithstanding any time limit contained in House 4 Joint Resolution 208, 92d Congress, as agreed to in the 5 Senate on March 22, 1972, the article of amendment pro6 posed to the States in that joint resolution shall be valid 7 to all intents and purposes as part of the Constitution 8 whenever ratified by the legislatures of three-fourths of 9 the several States. g:\VHLC\011117\011117.123.xml January 11, 2017 (1:42 p.m.) VerDate Nov 24 2008 13:42 Jan 11, 2017 Jkt 000000 (648241|1) PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 C:\USERS\KLMERY~1\APPDATA\ROAMING\SOFTQUAD\XMETAL\7.0\GEN\C\SPEIER~1.X For Immediate Release February 1, 2017 Contact: DC –Tracy Manzer (202) 225-3531 (W) / (202) 538-0641 (C) [email protected] CA - Katrina Rill (650) 342-0300 (W) / (650) 208-7441 (C) [email protected] Congresswoman Speier Introduces Resolution to Ratify the Equal Rights Amendment Washington, DC – Congresswoman Jackie Speier (CA-14) on Tuesday introduced H.J. Res. 53, a joint resolution that will remove the deadline and finally allow for the ratification of the Equal Rights Amendment (ERA). Senator Ben Cardin (D-Maryland) introduced companion legislation two weeks earlier. H.J. Res. 53 currently has 135 cosponsors. “When asked, 96 percent of Americans think that women and men should have equal rights, and 88 percent believe that our Constitution should affirm those rights, while 72 percent of Americans mistakenly believe the Constitution already includes such a guarantee,” Rep. Speier said. “Given the current political climate, and the overwhelming support, it’s clear that the ERA is still a necessity. As the late U.S. Supreme Court Justice Antonin Scalia explained in a Supreme Court opinion, ‘Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t.’” In 1923, on the 75th anniversary of the Seneca Falls Convention, Alice Paul first announced the ERA. This amendment was introduced in every session of Congress from 1923, until it passed in 1972. Thirtyfive states ratified the ERA before the deadline, falling just three states short of the number needed for passage. That is why Congresswoman Speier’s joint resolution follows the “three-state” approach to ratification of the ERA, which would strike the expired deadline and restart the “ratification clock” so that the amendment would become part of the Constitution after the needed three states are secured. Efforts to secure those states are already underway in Illinois, Nevada, and Virginia. Once ratified, the ERA would specify in an amendment to the U.S. Constitution that “equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.” “Women, and men, in America are faced with a Congress and state legislators who are focused like a laser on attacking women’s health. We have a new Supreme Court Justice and, as such, many questions about issues of gender equality hanging in the balance. The President’s ongoing executive actions threatening to rollback back all of our hard-won rights, including his reinstatement and expansion of the Global Gag Rule on the day after the 44th anniversary of Roe v. Wade, make ratification of the ERA more important than ever,” Rep. Speier said. H.R. Res 53 is endorsed by: 9 to 5, Alaska Women’s Network, Alice Paul Institute, American Association of University Women (AAUW), American Ethical Union, American Humanist Association (AHA), AHA Feminist Caucus, Business and Professional Women's Foundation (BPW), Arkansans 4 Immediate Passage of ERA, Center for Advancement of Public Policy (CAPP), Center for Women's Policy Studies, Clearinghouse on Women’s Issues, Coalition for the ERA, Coalition of Labor Union Women, CT Permanente Commission on Women, ERA Action, ERAmerica, ERA Campaign Network, ERA Coalition, ERA Education Fund, Inc., ERA NOW, Equal Rights Advocates, Equal Rights Alliance, Equal Visibility Everywhere, Federally Employed Women, Feminist Majority, Gender Equality Solidarity Society, Girls Gotta Run Foundation, Girls Give Back, The Gray Panthers, Hadassah Women’s Zionist, Indian American Leadership Council, Katrina’s Dream, The Majority United, Missouri Women’s Network, National Association of Social Workers, National Congress of Black Women, National Council of Jewish Women, National Council of PR Women, National Council of Women of USA, National Council of Women's Organization- ERA Task Force, National Gay and Lesbian Task Force, National Organization for Women (NOW), National Women's Law Center, National Women's Political Caucus, NWPC-Florida, NWPC-Missouri, NYPC-New Mexico, One Struggle One Fight, People Demanding Action, Progressive Democrats of America, Radical Women, Ratify ERA-NC, Responsible for Equality and Liberty, Ross Co.-OH, San Francisco Dept. on the Status of Women, School Girls Unite!, Secular Woman, Washington Office, United for Equality LLC, United Methodist Women, UniteWomen.org, US Women’s Chamber Commerce, VA (Arlington Co.) Commission for Women, VoteERA.org, We Are Woman, Women Rise Up Now, Women’s Campaign Fund, Women’s Democratic Club, Women’s Research and Education Institute, Women’s Suburban Dem. Club, The Women's Zionist Organization of America, Inc., Youth Activism Project, Inc., and YWCA. ###
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