Bill Text: NJ SCR63 | 2020-2021 | Regular Session | Introduced
Bill Title: Urges U.S. Congress to adopt Equal Rights Amendment into U.S. Constitution.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2020-02-13 - Received in the Assembly, Referred to Assembly Women and Children Committee [SCR63 Detail]
Download: New_Jersey-2020-SCR63-Introduced.html
SENATE CONCURRENT RESOLUTION No. 63
STATE OF NEW JERSEY
219th LEGISLATURE
INTRODUCED FEBRUARY 10, 2020
Sponsored by:
Senator STEPHEN M. SWEENEY
District 3 (Cumberland, Gloucester and Salem)
Senator LORETTA WEINBERG
District 37 (Bergen)
Senator M. TERESA RUIZ
District 29 (Essex)
Senator LINDA R. GREENSTEIN
District 14 (Mercer and Middlesex)
SYNOPSIS
Urges U.S. Congress to adopt Equal Rights Amendment into U.S. Constitution.
CURRENT VERSION OF TEXT
As introduced.
A Concurrent Resolution urging the United States Congress to adopt the Equal Rights Amendment into the United States Constitution.
Whereas, Equality is a founding principle of American democracy and culture, with the Declaration of Independence stating that all men are created equal; and
Whereas, Throughout the course of America's history, there have been numerous movements to extend the right of equality to more people; and
Whereas, The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution designed to guarantee equal rights for women and to create a strong legal defense against sex discrimination and any infringements upon women's rights; and
Whereas, The ERA states "Equality of rights under the law shall not be denied or abridged by the United States or by the State on account of sex"; and
Whereas, While the 14th Amendment's equal protection clause has been interpreted to protect against sex discrimination in the case of Reed v. Reed, 404 U.S. 71 (1971), the amendment does not explicitly create a federal judicial standard in deciding cases of sex discrimination; and
Whereas, New Jersey feminist leader Alice Paul, who was instrumental in the passage of the 19th amendment, which granted women the right to vote, helped author the ERA in 1923; and
Whereas, In 1972, the ERA passed the United States Congress and was submitted to the state legislatures for ratification, with Congress establishing a ratification deadline of March 22, 1979; and
Whereas, Through 1977, 35 of the required 38 states had ratified the amendment; and
Whereas, In 1978, a joint resolution of the United States Congress extended the deadline for ratification to June 30, 1982, but no other state ratified the amendment before the 1982 deadline; and
Whereas, Article V of the Constitution does not impose a time limit for the ratification of amendments and since 2017, three more states have ratified the ERA, reaching the required 38 states needed for ratification; and
Whereas, Some proponents of the ERA are currently pursuing a "three-state strategy," based on the premise that if Congress has the legal standing to instate a deadline, then it has the same legal standing to remove the time limit for ratification; and
Whereas, Currently, Senate Joint Resolution 5 and House Joint Resolution 38 of the 116th Congress both call for the elimination of the deadline for the ratification of the ERA, which if passed, would certify the three most recent state ratifications of the ERA; and
Whereas, The adoption of the ERA into the United States Constitution by the United States Congress would affirm this country's commitment to equal rights for women and introduce the idea of sex equality as a fundamental principle in the United States Constitution; now, therefore,
Be It Resolved by the Senate of the State of New Jersey (the General Assembly concurring):
1. The Legislature urges the Unites State Congress to take the necessary steps to adopt the Equal Rights Amendment into the United States Constitution, as all 38 of the required number of states have voted for the amendment's ratification.
2. Copies of this resolution, as filed with the Secretary of State, shall be transmitted by the Secretary of the Senate or the Clerk of the General Assembly to the Majority and Minority Leader of the United States Senate, the Speaker and Minority Leader of the United States House of Representatives, and to every member of Congress elected from this State.
STATEMENT
This resolution urges the United State Congress to take the necessary steps to adopt the Equal Rights Amendment into the United States Constitution. The Equal Rights Amendment guarantees equal rights for women and creates a clear federal judicial standard in cases of sex discrimination. New Jersey feminist leader, Alice Paul, helped author the Equal Rights Amendment in 1923. The Equal Rights Amendment was passed by the United States Congress in 1972 and was given a ratification deadline of March 22, 1979, which was later extended to June 30, 1982. The amendment was only able to receive 35 of the 38 required state ratifications before the deadline. Since 2017, three more states have ratified the Equal Rights Amendment, which now has all 38 of the state ratifications required for adoption into the United States Constitution. The adoption of the Equal Rights Amendment would affirm the country's commitment to equal rights for women and introduce the idea of sex equality as a fundamental principle in the United States Constitution.
