S.jres38 - Establishing the ratification of the Equal Rights Amendment. (119th Congress)
Summary
Senate Joint Resolution 38 (S.J. Res. 38) aims to establish the ratification of the Equal Rights Amendment (ERA) as part of the U.S. Constitution. The resolution seeks to override any time limit previously imposed on the ERA's ratification process. It asserts that because the ERA has been ratified by the legislatures of three-fourths of the states, it should be considered valid.
The resolution specifically references House Joint Resolution 208 from the 92nd Congress, agreed to in the Senate on March 22, 1972, which initially proposed the ERA to the states.
The primary sponsors of this resolution are Senators Murkowski and Hirono, indicating bipartisan support for the ERA's inclusion in the Constitution.
Expected Effects
If enacted, S.J. Res. 38 would constitutionally recognize equal rights regardless of sex. This could lead to legal challenges and interpretations regarding the scope and application of these rights.
It would likely impact various areas of law, including employment, education, and healthcare, potentially requiring adjustments to ensure gender equality. The ERA's formal inclusion could also influence future legislation and judicial decisions related to gender discrimination.
Potential Benefits
- Constitutional Guarantee of Gender Equality: The ERA would provide a clear constitutional basis for gender equality, strengthening legal protections against discrimination.
- Enhanced Legal Recourse: Individuals facing gender discrimination could have stronger legal grounds for seeking redress.
- Symbolic Importance: Ratification would send a powerful message about the nation's commitment to gender equality.
- Alignment with International Norms: The ERA would bring the U.S. more in line with international human rights standards regarding gender equality.
- Potential for Societal Progress: The ERA could foster a more equitable society by addressing systemic gender disparities.
Potential Disadvantages
- Potential for Unintended Legal Consequences: The broad language of the ERA could lead to unforeseen legal challenges and interpretations.
- Concerns about Impact on Existing Laws: Some worry about the potential disruption to existing laws and regulations that differentiate based on sex.
- Possible Impact on Abortion Rights: Concerns exist regarding the ERA's potential implications for abortion access, with differing views on whether it would protect or restrict such access.
- Increased Litigation: The ERA's ratification could lead to a surge in litigation as individuals and groups seek to clarify its scope and application.
- Division and Political Polarization: The ERA remains a contentious issue, and its ratification could further exacerbate political divisions.
Constitutional Alignment
The resolution directly relates to the amendment process outlined in Article V of the U.S. Constitution, which details how amendments can be proposed and ratified. By asserting that the ERA has met the necessary ratification threshold (three-fourths of the states), the resolution seeks to trigger the constitutional mechanism for formally adding the amendment.
However, the resolution also addresses the issue of time limits imposed on the ratification process, which raises questions about the constitutionality of such limits and Congress's power to override them. The Constitution does not explicitly address the validity of time limits on amendment ratification.
The resolution's alignment with the Constitution hinges on the interpretation of Article V and the validity of time limits imposed on the ratification process.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).