Bill Text: CA SCR92 | 2021-2022 | Regular Session | Chaptered
Bill Title: The Equal Rights Amendment: the California Law Revision Commission: study.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Passed) 2022-08-30 - Chaptered by Secretary of State. Res. Chapter 150, Statutes of 2022. [SCR92 Detail]
Download: California-2021-SCR92-Chaptered.html
Senate Concurrent Resolution
No. 92
CHAPTER 150
Relative to equal rights.
[
Filed with
Secretary of State
August 30, 2022.
]
LEGISLATIVE COUNSEL'S DIGEST
SCR 92, Leyva.
The Equal Rights Amendment: the California Law Revision Commission: study.
This measure would authorize and request that the California Law Revision Commission study, report on, and prepare recommended legislation to revise California law to remedy defects related to inclusion of discriminatory language on the basis of sex, and disparate impacts on the basis of sex upon enforcement thereof.
Digest Key
Fiscal Committee: YESBill Text
WHEREAS, The United States House of Representatives passed the Equal Rights Amendment to the United States Constitution (ERA) in 1971 by approval of at least two-thirds of that chamber; and
WHEREAS, The United States Senate passed the ERA in 1972 by approval of at least two-thirds of that chamber; and
WHEREAS, California was among the earliest states to ratify the ERA, doing so on November 13, 1972; and
WHEREAS, The Commonwealth of Virginia became the 38th state to ratify the ERA on January 27, 2020; and
WHEREAS, Article 5 of the United States Constitution requires that any amendment thereto be approved by two-thirds of both chambers of the United States Congress and ratified by three-fourths of the states; and
WHEREAS, Upon Virginia’s ratification, legislatures of three-fourths of the states duly ratified the ERA; and
WHEREAS, Notwithstanding the United States archivist’s failure to perform their ministerial duty to verify the dulymade state ratifications, certify the amendment, and publish notice thereof in the Federal Register and United States Statutes at Large, the ERA has satisfied all requirements imposed by Article 5 of the United States Constitution; and
WHEREAS, The ERA states that “equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex”; and
WHEREAS, Section 3 of the ERA states that the amendment will take effect two years after the date of its ratification; and
WHEREAS, Representative Jackie Speier recently introduced House Resolution 891 in the 117th Congress with 155 cosponsors to express the sense of that chamber that the ERA is valid; and
WHEREAS, Senators Benjamin Cardin and Lisa Murkowski introduced Senate Joint Resolution 1 in the 117th Congress to eliminate the ratification deadline stated solely in the preamble of the ERA, which 50 additional Senators currently cosponsor; and
WHEREAS, Representative Jackie Speier introduced House Joint Resolution 17 in the 117th Congress to eliminate the ratification deadline stated solely in the preamble of the ERA, which the United States House of Representatives passed on March 17, 2021; and
WHEREAS, The Legislature deems it appropriate and necessary to undertake a comprehensive study of California law to identify any defects that prohibit compliance with the ERA; and
WHEREAS, The California Law Revision Commission is authorized to study topics set forth in the calendar contained in its report to the Governor and the Legislature that have been or are thereafter approved for study by concurrent resolution of the Legislature, and topics that have been referred to the commission for study by concurrent resolution of the Legislature or by statute; now, therefore, be it
Resolved by the Senate of the State of California, the Assembly thereof concurring, That the Legislature authorizes and requests that the California Law Revision Commission study, report on, and prepare recommended legislation to revise California law (including common law, statutes of the state, and judicial decisions) to remedy defects related to (i) inclusion of discriminatory language on the basis of sex, and (ii) disparate impacts on the basis of sex upon enforcement thereof. In studying this matter, the commission shall request input from experts and interested parties, including, but not limited to, members of the academic community and research organizations. The commission’s report shall also include a list of further substantive issues that the commission identifies in the course of its work as topics for future examination; and be it further
Resolved, That the Secretary of the Senate transmit copies of this resolution to the author for appropriate distribution
