Federal Court Rejects Equal Rights Amendment as Part of Constitution

On Tuesday, a federal appeals court ruled against the sponsors of the proposal that Equal Rights Amendment (ERA) becomes the 28th Amendment to the United States Constitution, as it would have been had it been ratified before the mandatory deadline in the 1970s.

A federal appeals court on Tuesday dismissed a lawsuit brought by Illinois and Nevada, two Democratic states that sought The Archivist of the United States publishes and certifies the Equal Rights Amendment as part of the Constitution.according to WSFA.

This decision is another blow to the legal efforts of defenders. sex discrimination amendment and who fought for decades to have it recognized by the 28th Amendment to the Constitution.

“The states have not shown clearly and uncontroversially that the archivist was required to certify and publish the ERA or that Congress did not have the authority to set time limits on the time clause clause,” the Court concluded. states of the District of Columbia.

The panel of three judges was chaired by Judge Robert L. Wilkins and also included Judges J. Michelle Childs and Neomi Rao.

What is the Equal Rights Amendment (ERA)

The Equal Rights Amendment, first introduced in 1923 and passed by Congress nearly 50 years later, states:

Section 1: Equal rights under law may not be denied or restricted by the United States or any state on the basis of sex.

Section 2: Congress shall have the power to enforce the provisions of this section by appropriate legislation.

Section 3: This amendment shall enter into force two years after the date of ratification.

The text of the amendment is simple, but what it can do once it is implemented is broad.

The amendment will create clear constitutional prohibition of discrimination on the basis of sexpotentially touching on issues ranging from pay equity and discrimination in the employment of pregnant women to violence against women and abortion.

It also seeks to end legal differences between men and women in terms of divorce, property, employment and other issues.

Why wasn’t he approved?

The ERA was first introduced in 1923 and passed by Congress nearly 50 years later. Virginia became the 38th state to ratify the amendment in 2020. meeting the requirement that three-quarters of the states are required to support the new amendment.

Virginia was involved in the case, but its Republican Attorney General Jason Miyares withdrew the state from litigation shortly after taking office last year.

While sponsors say ERA has met all constitutional requirements and was supposed to come into force on January 27, 2022.opponents and some legal experts say the amendment is dead and has not been ratified as valid.

Tuesday’s ruling came just as the Senate Judiciary Committee began hearings on a congressional resolution slated for ERA approval.

According to Blomberg Law, ERA.org and CNN.

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Author: Maria Ortiz
Source: La Opinion


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