Eliminating The Time Limit For Ratification Of The Equal Rights Amendment

 

13-11.13

 

WHEREAS, while several notable judicial victories protecting women's rights have been achieved these victories do not rest upon a constitutional foundation, and therefore, as we continue to experience, remain vulnerable to weakening; and present day women, of all generations, continue to face gender discrimination in many deep socioeconomic ways; and

WHEREAS, the Equal Rights Amendment (ERA) passed by Congress in 1972, which stated that "Equality of rights under the law shall not be denied by or abridged by the United States, or by any state, on account of sex", was ratified by 35 states, rather than the minimum requirement of 38 states, by the original time limit of June 30, 1982; and

WHEREAS, Congress should explicitly lift the time limit on ratification of the ERA in order to seek ratification by 3 additional states, rather than having to seek re-ratification by the previous 35 states,as well; and neither of the bills refereed to in the resolution passed at the July, 2013 CDP Executive Board meeting included elimination of this time limit; and there is precedent for doing so, in that the 27th amendment, concerning congressional pay raises, involved a 203 year ratification period;

THEREFORE BE IT RESOLVED that the California Democratic Party supports legislative action to eliminate the time limit for the ERA, as explicitly stated in HJ Res 43(Andrews) and SJ Res 15 (Cardin), thereby maintaining the legal viability of the ERA and the existing 35 state ratifications, and that ERA shall be part of the Constitution whenever ratified by three additional states; and

BE IT FURTHER RESOLVED that the California Democratic Party shall transmit copies of this resolution to all members of the California Democratic delegation in the House and Senate,  to encourage them to be cosponsors of the House or Senate bill, respectively.

Authored by: David Sonneborn

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Adopted by the California Democratic Party
At its November 2013 Executive Board Meeting
Westin Hotel, Millbrae
November 24, 2013

 

 

 

 

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