Surprising history of ERA opponents

BY REBECCA DE WOLF / HISTORY NEWS NETWORK  MAY 12, 2021 12:15 PM EDT

This post is in partnership with the History News Network, the website that puts the news into historical perspective. A version of the article below was originally published at HNN.

The fight over the Equal Rights Amendment is often framed as a classic fight between liberals and conservatives with liberals supporting the amendment to ensure gender equality and conservatives opposing the amendment to preserve traditional gender roles. But the history of the ERA before the state ratification battles of the 1970s shows that the fight over complete constitutional sexual equality did not always fall along strict political boundaries. 

https://time.com/6047864/equal-rights-amendment-politics/?eType=EmailBlastContent&eId=f6be6a1e-9b88-4948-acb6-2cabacc35d52

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THE ERA COALITION AND FUND FOR WOMEN’S EQUALITY CELEBRATE PASSAGE OF H.J.RES. 17

Wednesday, March 17, 2021 – (New York, NY) – The ERA (Equal Rights Amendment) Coalition and the Fund for Women’s Equality (FFWE) today celebrated the bipartisan passage of H.J. Resolution 17, legislation that removes the time limit to ratify the equal rights amendment to the U.S. Constitution. The ERA Coalition livestreamed throughout the floor speeches and vote with appearances by Chairman Nadler (D-N.Y) and Rep. Speier (D.-Calif.) along with advocates and coalition partners. Following the vote of 222-204, the Coalition released the following statements:

Carol Jenkins, CEO and President of the ERA Coalition/Fund for Women’s Equality said: “The House’s quick, bipartisan passage of the time limit removal bill on the Equal Rights Amendment shows that women’s equality is a priority for this Congress, and that it should not have a time limit. We’re grateful to Representatives Jackie Speier (D-Calif.) and Tom Reed (R-N.Y.) for their co-sponsorship, and to Speaker Pelosi (D-Calif.) for her leadership in getting this through the House. We’re looking forward to our next step on the way to equality for all – passage in the Senate.”

Rep. Jackie Speier, Co-Chair of the Democratic Women’s Caucus said: “Today, the House of Representatives sent a strong message with its vote to pass my bipartisan resolution to facilitate the ratification of the Equal Rights Amendment. Members from both sides of the aisle, including our inimitable Speaker Nancy Pelosi and Majority Leader Steny Hoyer, took a stand against more than 200 years of sex discrimination and affirmed that there can be no expiration date on equality. Once again, we have made it clear that progress and justice cannot be stopped and that righteousness still prevails in our proud democracy. For those who still question the need for the ERA, they need look no further than the gender wage gap that continues to keep women and families from achieving their full potential, pregnancy discrimination that forces women out of the workforce, persistent and insidious violations of the rights of survivors, and more. Now is the time for the Archivist – acting under a new Administration dedicated to advancing equality and equity for all Americans – to certify the ERA and for our Constitution to finally recognize women’s equality under the law.”

Steve Andersson, Executive Director of GOP4ERA said: “With the passage of HJR 17, removing the arbitrary deadline on the Equal Rights Amendment, we mark a critical step forward and away from the days where the Constitution is silent as to the rights of all people regardless of sex! As Republicans for the ERA, we celebrate this bipartisan moment and thank Representative Reed and the other GOP members who have supported this bill.”

Kimberly Peeler-Allen, ERA Coalition board chair said: “It’s past time for a true, living equality for women of color and all women in this country. This House vote gets us one step closer to that ultimate goal. As we look forward to a vote in the Senate, we’re grateful for the work of Representatives Speier (D-Calif.) and Reed (R-N.Y.), and for the leadership of Speaker Pelosi (D-Calif.) in getting this bill to the floor.”

Dr. Deborah Turner, President of the League of Women Voters said: “Since the 1970s, the League of Women Voters has fought to make the ERA a part of our nation’s Constitution. Today, during Women’s History Month, we celebrate an important step forward in achieving equality among the sexes. The ERA will ensure equal rights for all, regardless of sex, allowing the courts to scrutinize and strike down sex-based discrimination. We urge the Senate to follow the House and remove the deadline for the Equal Rights Amendment. There is no deadline on equality.”

Elise Bryant, Executive Director of Labor Heritage said: “Sojourner Truth was among the women who met in Akron, Ohio to demand equal rights for women in 1851. 170 years later we are still waiting for the passage of the ERA. As the saying goes, ‘justice delayed is justice denied.’ 170 years is a long time, but the time for justice and passage of the ERA will not expire! The Coalition of Labor Union Women join with women across the U.S. to thank our members of Congress for passing HJ Res 17, the bill to remove the time limit from the ERA. Equal rights for women means justice for all.”

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US House to vote Wednesday on ending ERA time limit

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ERA lawsuit dismissed

Date: March 6, 2021
Subject: Federal Court issues decision dismissing Virginia, Illinois, and Nevada’s lawsuit seeking to have the Equal Rights Amendment declared effective immediately

Contact: Professor Katherine Franke, Faculty Director, ERA Project, Columbia Law
School, kfranke@law.columbia.edu, 646-489-9001

Yesterday, a federal district court in the District of Columbia dismissed a lawsuit https://gender-sexuality.law.columbia.edu/sites/default/files/content/ERA%20Project%20Press%20Advisory%203.6.21.pdf

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Update from Equal Rights for All Y’All: Southern ERA Coalition

#ERAyesUpdate (01312021)

Congratulations! We’re near the finish line. Let’s keep the pace – and jump high when needed. The Equal Rights Amendment has four remaining hurdles.

1. US HOUSE

An ERA bill removing the deadline (#HJRes17) was filed on Jan. 21, 2021. So far, the bill is sponsored by 203 Congressional representatives, including Jackie Speier, Tom Reed and Carolyn Maloney. We need many more sponsors.

Is your Congressperson a sponsor? https://tinyurl.com/hjres17sponsors

Contact: https://www.house.gov/representatives

2. US SENATE

An ERA bill removing the deadline (#SJRes1) was filed on Jan. 22, 2021. The bill is sponsored by Senators Ben Cardin and Lisa Murkowski. We need more Senators as sponsors.

Are your Senators sponsors? https://tinyurl.com/sjres1sponsors

Contact: https://www.senate.gov/general/contact_information/senators_cfm.cfm

3. NATIONAL ARCHIVIST

The previous administration blocked the National Archivist from certifying the fully-ratified Equal Rights Amendment. Congresswoman Carolyn Maloney asked the Biden/Harris administration to reverse that artificial barrier to equality. https://maloney.house.gov/media-center/press-releases/maloney-calls-on-biden-administration-to-certify-equal-rights-amendment?fbclid=IwAR3dszyp7qNxmQK6yL5EU8zcaka2vK49tTCkigZMt2AekTH0ieaJznXhD44

You can contact the White House: https://www.whitehouse.gov/get-involved/write-or-call/

4. FEDERAL COURT

Attorneys General Mark Herring (Virginia), Kwame Raoul (Illinois) and Aaron Ford (Nevada) filed suit in the U.S. District Court for the District of Columbia to direct the National Archivist to certify the fully-ratified Equal Rights Amendment. https://www.pilotonline.com/government/nation/vp-nw-herring-attorneys-general-era-lawsuit-20200819-cjhd6otwprez5ajtfpzrwa3i54-story.html

A number of organizations filed friend of the court briefs, including the ERA Coalition, of which the League of Women Voters is a member. https://www.winston.com/en/thought-leadership/winston-and-strawn-files-amicus-brief-to-support-adoption-of-equal-rights-amendment.html

Corporations also support ERA certification: https://www.paulweiss.com/media/3980342/era-business-amicus-brief.pdf

We will keep you updated on the latest litigation developments.

*** STATE RATIFICATION ACTIVITY ***

As we know from the 19th Amendment, more ratifications matter when an amendment is challenged, especially in court. Twelve states are still unratified: Alabama, Arizona, Arkansas, Florida, Georgia, Louisiana, Mississippi, Missouri, North Carolina, Oklahoma, South Carolina and Utah. Let’s support these 2021 state ratification efforts.

Missouri State House Bill HCR8: https://www.house.mo.gov/Bill.aspx?bill=HCR8&year=2021&code=R

Join Project 28 MO: https://www.project28mo.com/ and https://www.facebook.com/project28MO/

North Carolina State Senate Bill 15: https://www.ncleg.gov/BillLookUp/2021/S15

North Carolina State House Bill 8: https://www.ncleg.gov/BillLookUp/2021/H8

Join ERA NC Alliance: https://www.era-nc.org/and https://www.facebook.com/ERANCAlliance/

South Carolina Senate Bill S0262: https://www.scstatehouse.gov/billsearch.php?billnumbers=262&session=124&summary=B&headerfooter=1

South Carolina House Bill H3258: https://www.scstatehouse.gov/billsearch.php?billnumbers=3258&session=124&summary=B&headerfooter=1

Join Equal Means ERA: https://www.equalmeansera.org/ and https://www.facebook.com/groups/EqualMeansERA

Utah State Senate Bill SJR008: https://le.utah.gov/~2021/bills/sbillint/SJR008.htm?fbclid=IwAR07fuC3NVlkMfXvL36klfFC-QCKkVVMB2mONPjtpneDYJcWtDeJRW3m9P0

Join Utah ERA Coalition and Mormons for ERA: https://utaheracoalition.org/ and https://www.facebook.com/mormonsforera/

THE ERA FINISH LINE IS WHERE WE LIVE: Please urge local groups – such as Leagues of Women Voters, AAUW and NOW chapters – to advocate for the ERA. Pass ERA resolutions at town and county board meetings. Call and write representatives. Send in letters to the editor. Contact us to host a talk on ERA. Educate friends and family.

THANK YOU SO MUCH! ©

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Maloney Calls on Biden Administration to Certify Equal Rights Amendment

Jan 22, 2021 Press Release

WASHINGTON, DC – Congresswoman Carolyn B. Maloney (D-NY) today wrote to President Joe Biden and Vice President Kamala Harris requesting that they act to immediately rescind a Trump Administration legal memo preventing the completion of the process to make the Equal Rights Amendment (ERA) the 28th Amendment to the U.S. Constitution. Congresswoman Maloney has sponsored the House bill to ratify the ERA in every Congress since 1997.

President Biden made the ratification of the ERA a key pillar in the Biden Agenda for Women, and Vice President Harris said early on in her campaign that the ERA would be her first order of business as a key tool to pursuing economic justice.

In her letter, the Congresswoman writes, “I have sponsored an Equal Rights Amendment resolution in the House during every Congressional session since the 105th in 1997, working to build momentum and support for this critical constitutional change. As you know, last January, Virginia became the 38th and final state needed to ratify the amendment. Now that the Equal Rights Amendment has been ratified by a majority of states, I urge you to prioritize your campaign promise and direct the National Archivist to immediately perform his ministerial role as required by law to publish the Equal Rights Amendment as part of the Constitution of the United States.”

Full text of the letter below and a PDF can be found here.

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New ERA legislation introduced

https://speier.house.gov/press-releases?id=C374A392-3687-44ED-A10C-45D042D9E02D&fbclid=IwAR2CUOUqo1bsP9p1K4XeHI9Hlt-3_tCCqSGgYb73X3YSaLq8D8Nr_Gvsm1s

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Urge our new president to order the National Archivist to certify Virginia’s ratification and put the ERA into the Constitution

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Happy Holidays!

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What’s happening now with ERA?

The ERA: where are we now? (last updated 11/13/20)

By AJ Conroy, ERA Illinois

At the start of 2020, Virginia became the 38th state to ratify the Equal Rights Amendment. The resolution was promptly sent to the National Archivist for certification. This ministerial task is proscribed by federal statute and this process was followed by Nevada, Illinois, the archivist, and every state that ratified the “Madison Amendment” in the 90s. However Alabama, South Dakota and Louisiana sued to prevent the Archivist from doing his job. Upon the advice of the Department of Justice (i.e, the lawyers for the Executive Branch), the Archivist has not yet certified Virginia’s ratification.In response, Illinois, Nevada and Virginia filed a separate lawsuit to compel the Archivist to certify Virginia’s ratification and declare the Equal Rights Amendment as added to the US Constitution. Again, this is a clerical task given to the Archivist by a federal law.

Meanwhile, a private lawsuit was filed by the group Equal Means Equal (filmmakers). The original lawsuit was voluntarily dismissed in March. However, Alabama, Louisiana, Tennessee, Nebraska and South Dakota then asked the DC court to join or “intervene” in the Illinois lawsuit. Essentially, there are two parallel lawsuits against Archivist. One is private parties and the other is between the states.

Collectively, the litigation strategy is to secure a court ruling affirming the Equal Rights Amendment is the 28th Amendment to the US Constitution.

Complimenting the litigation strategy is a concurrent legislative strategy to have Congress remove the deadline. Good news! The House of Representatives voted on February 13 to remove the time limit on equality. The resolution is now before the Senate as SJRes6. There are 49 cosponsors as of July.

What happens next?

There are several possibilities, but no one really knows. Like so many things in 2020, nothing like this has happened before. The simplest outcome would be for the Senate to vote this year to remove the time limit, and for the Supreme Court to then defer to Congress using the political question doctrine. The ERA would then be acknowledged as part of the U.S. Constitution by Congress and the Supreme Court.

Another possibility is that the Supreme Court directs the Archivist to certify ratification without Congressional action. The ERA would then become part of the U.S. Constitution.

A third possibility is that a Supreme Court decision dismisses the ERA, and advocates must restart the ratification process. Much of the future will be determined by the Supreme Court but there is one way ERA advocates can influence and that is pushing for a senate vote this session. Call your senator about #SJRes6 and urge your support. There is a small window during the lame duck session. The next window for congressional action is when the new congress sits in the first week of January.

After the presidential inauguration on January 20th, the clock starts for the first “100 days” during which there is traditionally a push for transformative legislation. Cementing the 28th Amendment would certainly qualify as transformative. The one year anniversary of Virginia’s ratification is January 27th. While the composition of the Senate is uncertain, who chairs the Judiciary committee and who serves as the senate majority leader exercises near complete control of what matters come for a vote. The upcoming Georgia runoff elections are of great interest to equality advocates who believe there are already the requisite votes to remove the deadline. The roadblock has been getting a senate vote. Stay updated on advocacy opportunities through VoteEquality.US

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