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National Ratification Status
Unratified States
Alabama
Arizona
Arkansas
Florida
Georgia
Illinois
Louisiana
Mississippi
Missouri
Nevada
North Carolina
Oklahoma
South Carolina
Utah
Virginia
Additional information about the ERA's
political status can be
found on the website of the
ERA Campaign Network. For a list of Network coordinators in specific
states, click
here.

FLORIDA
Go to www.RatifyERAFlorida.net for the latest
information from Florida ERA advocates.
 | "Women still excluded" |
by Kappie Spencer
Sarasota Herald Tribune
Sunday, May 11, 2003
Including the word "sex" in the Equal Rights Amendment has recently been
called into question because the clueless "do not know if it is being used as a
noun or a verb." Should we laugh? Or cry!
Run, don’t walk, to your nearest copy of the Constitution and look at the
wording of the 19th Amendment. It reads (in its entirety): "The right of
citizens of the United States to vote shall not be denied or abridged by the
United States or by any state on account of sex. Congress shall have power to
enforce this article by appropriate legislation."
On Aug. [26], 1920, this amendment was added to the Constitution of the United
States. The wording was used as a model for the Equal Rights Amendment, which
reads: "Equality of rights under the law shall not be denied or abridged by the
United States or by any state on account of sex." If Americans were clever
enough in 1920 to figure out that "it is the sex you are and not the sex you
do," we should in this millennium also be able to figure that out.
Some claim to be unable to do that, and would like to see the word "gender" be
substituted for sex. That is a "gotcha" in the making. The Wisconsin legislature
foolishly was lured by the opponents to change the wording in seeking a state
Equal Rights Amendment in the '80s. "We all know that there are three genders –
male, female and neuter," they said. "Are we going to let neuters (read that
‘homosexuals’) into the Constitution?" And the "divert and confuse" tactic
worked again.
Many today cannot believe that once women were ridiculed for wanting to ratify
the 19th Amendment. They were stoned, imprisoned in rat-infested jails and
force-fed when they went on hunger strikes. Only after decades of battle did
they win the right to vote.
Three years later, in 1923, the campaign began for legal, educational, social,
and economic equality for women, and the Equal Rights Amendment was proposed.
Since then the wording has not changed, and the goal has not changed.
Today several points of information need to be addressed:
(1) The 14th Amendment, which addresses equal protection under the law, was
ratified in 1868. This amendment does not negate the need for an Equal Rights
Amendment, and indeed did not even apply to women. In our Constitution the terms
"citizens" and "persons" did not, and were not meant to, include women or
blacks. Thus voting rights for blacks and women (amendments 15 and 19) were
necessary.
(2) The ERA is decidedly not dead and buried. It is true that the ratification
time limit imposed by Congress (originally a seven-year deadline, then a
three-year extension) expired in June 1982, when the amendment was three states
shy of approval. The time limits are not in the text of the amendment, however;
they are found only in a preamble.
Historically, Congress began imposing seven-year time limits on
ratification procedures in 1919, with the 18th Amendment (Prohibition). However,
the restriction has not been included within the text of any amendment since
1961, including the Equal Rights Amendment.
(3) Many do not know that a new Equal Rights Amendment was introduced on the
floor of the Senate by Sen. Edward Kennedy the day after the initial
ratification period had expired, or that it has been introduced in every
Congress since 1982. The bills in Congress currently include one which would
begin the entire ratification process over again, without a time limit.
(4) Another ERA bill currently in Congress is based on a precedent set by the
Madison Amendment (Amendment 27, which bars a sitting Congress from raising its
own compensation). The 27th Amendment took 203 years to ratify; it was deemed
"sufficiently contemporaneous" by Congress and was added to the Constitution in
1992.
This precedent gave rise to the "three state strategy," in which Congress could
be asked to "take any legislative action necessary to verify the ratification of
the Equal Rights Amendment as part of the Constitution if three additional
states vote to ratify."
What could be more contemporaneous than equality of rights for all American
citizens? And yet women have tried without success for 80 years to be
acknowledged as equals in our Constitution through an Equal Rights Amendment.
This is far longer than the entire campaign which led to the right to vote.
Until an Equal Rights Amendment to the Constitution is ratified, no woman can
feel proud of this document. It is not our document. Make no mistake, our
founding fathers very deliberately (and publicly) "rigged the rules" against
women when they wrote the Constitution in 1787. The only right currently given
to women [specifically on an equal basis with men] by our Constitution is the
right to vote. The omission of women in the Constitution is a lasting insult to
every woman in the United States of America.
Efforts are under way in several of the 15 states which have not yet ratified
the Equal Rights Amendment. Florida is one of those states. Gov. Jeb Bush has
publicly ridiculed a renewed effort at ratification. It is possible that the
governor and some of the Republican legislators are not aware that the GOP was
the first party to endorse the Equal Rights Amendment!
Many of us who were excluded by the NO WIMMIN ALLOWED – KEEP OUT signs posted on
the door of a brother's rickety clubhouse grew up and thought it was "sort of
cute" when our sons did the same. Today I cringe at the thought. Have I now lost
my sense of humor, or regained my sense of outrage?
It appears that the "wimmin keep out" sign is still posted and that we may be
standing on the outside looking in for another 216 years. Is it any wonder that
"wimmin" have lost their sense of humor?
Kappie Spencer is Director of the National Gender Balance Project, a
former national director of public policy for the American Association of
University Women, and a long-time member of the Florida Women's Consortium.
 | Florida GOP divided over new push to ratify ERA |
Loss of female voters feared if party opposes amendment
by Peter Wallsten
(pwallsten@herald.com)
Miami Herald
Monday, April 7, 2003
TALLAHASSEE - As president of the Business and Professional
Women's Clubs state chapter, Sue Banks says she was "dumbfounded" by the
reception she received last month from a state senator when she asked him to
support ratification of the Equal Rights Amendment.
"That's silly," Banks recalled the senator telling her with a laugh, then
adding, "You ladies are superior to us already."
Banks declined to identify the fellow Republican, saying she wanted to save
him from embarrassment.
Days later, Banks, a Palm Beach Gardens business consultant, was appalled to
read comments by Gov. Jeb Bush ridiculing the ERA's revival as a "retro"
movement that he said is "like going back and wearing bell bottoms."
That, Banks said, was not the message she expected from leaders whose party
is angling for women's votes next year, when President Bush is expected to need
Florida's 27 electoral votes for reelection.
"The Republican Party is supposed to stand for individual rights and
freedom," said Banks, 53. "To have a party that is wrong on the ERA and yet
feels that the female vote is so critical and so important, that's talking out
of both sides of our mouth."
As Banks and other ERA advocates push to resuscitate the decades-old debate
in Florida and several other states, they are creating a political commotion
that is making some Republican strategists worry about the party's increasingly
aggressive efforts to court women.
Gov. Bush's remarks, strategists say, threaten to overshadow a strong record
of appointing women to top jobs in his administration.
Coupled with his brother's recent decision to study the usefulness of Title
IX, the federal law that requires equal opportunities in college sports for men
and women, some Republicans worry that the Bush brothers' approach could hurt
the president and other GOP candidates in Florida, where moderate female voters
can swing elections.
"SOFT GOP VOTERS"
One key strategist critical of Gov. Bush said that women, who make up more
than half of the general-election turnout in Florida elections, are "soft GOP
voters" who will "change their minds on one particular issue."
"The governor does not need to ridicule this, but should honestly and openly
debate it," the strategist said.
While Bush's bluntness has made some people uncomfortable, others in his
party are squirming in the face of a wedge issue that so clearly divides the
party's loyal, conservative base from its growing dependence on moderate voters.
Toni Jennings, Florida's first female lieutenant governor and a former state
senator who opposed the ERA in 1982, now tiptoes around the issue and refuses to
take a stand.
"I'll have to do some research on it," said Jennings, who, as a likely
candidate for governor in 2006, would rely in part on her appeal to female
voters eager to elect a woman to high office.
Carole Jean Jordan, whose recent election over three more-conservative male
rivals to be chairman of the state Republican Party was viewed as a sign that
the GOP was looking to broaden its base, did not return telephone calls to
discuss how the ERA debate might affect her efforts.
The Republican fault lines on the debate were clearly exposed last week, when
the amendment won a surprising 6-3 victory in a GOP-led state Senate committee,
with three Republicans and three Democrats voting for it.
It was the first vote in the Legislature since 1982 on the ERA, which states:
"Equality of rights under the law shall not be denied or abridged by the United
States or by any state on account of sex."
Advocates argue that if Florida lawmakers vote to ratify the amendment, the
state could push the national movement closer to achieving the 38 states
required for adding the provision to the U.S. Constitution. Thirty-five states
ratified the ERA when the debate raged in the 1970s and 1980s, and some legal
scholars argue that those votes remain viable if three more states can deliver.
Others disagree, noting that Congress placed a seven-year deadline on the
ratification process.
Besides Florida, advocates are lobbying for ratification in Missouri, Arizona
and several other states.
MAJORITY NEEDED
Ratifying the ERA in Florida requires a majority vote in the state House and
Senate but does not need Bush's signature. Still, the governor's remarks have
made him a protagonist for a vocal opposition that consists largely of the GOP's
loyal, conservative base.
State House Speaker Johnnie Byrd has joined Bush in opposing the effort, all
but ensuring that the ERA will die in the Legislature this year but remain very
much alive on the campaign trail next year.
Some critics’ sentiments were summed up in an e-mail from Christian Coalition
Deputy Director Carolyn Kunkle to state Senate Judiciary Committee Chairman Alex
Villalobos, a Miami Republican who backs the ERA. Kunkle declared that the
amendment would legalize same-sex marriages and require taxpayer funding for
many abortions.
"ERA is a fraud," Kunkle wrote.
Other opponents – including Gov. Bush – argue that they support equality for
women but believe the ERA is passé at a time that women are making advancements
– a stance that some Republicans believe is a mainstream view held by many women
who will continue to vote for GOP candidates.
The National Federation of Republican Women, for example, is currently
surveying its 100,000 members on the ERA. Preliminary results show that most
respondents oppose it because they do not think it's needed, a spokeswoman said.
Still, pro-ERA Republicans say they are troubled by anyone in their party who
would oppose a measure designed to ensure that women and men of equal
qualifications earn equal pay and treatment. Recent studies show that women on
average earn 76 cents for every dollar earned by a man with the same experience.
State Rep. Nancy Detert, a Venice Republican who is co-sponsoring the ERA in
the Legislature, attributes the differences on the issue within her party to age
and experience.
"I'm old enough to remember the day when my mother got a divorce and Sears
Roebuck canceled her credit card," said Detert, 58. "The governor, quite
frankly, is a good bit younger than I am." Bush turned 50 in February.
Villalobos said he was a changed man on the ERA.
Twenty years ago, he said, he opposed it. But now, he said, his 12-year-old
daughter, Katie, would benefit from it.
Katie sat beside her father as he presided over last week's Judiciary
Committee meeting in which Villalobos argued for ratification.
"Times change, and the party needs to realize that, too," Villalobos said.
"If they want more people with them, they need to be responsive to their
constituents. That is what Katie told me."
 | Florida Senate Committee Supports Ratification of ERA |
Feminist News
April 7, 2003
Despite offensive remarks from Florida Governor Jeb Bush condemning the
renewed movement for an Equal Rights Amendment (ERA), Florida's
Republican-controlled Senate Judiciary Committee voted 6-3 to endorse
ratification of the ERA. "It’s like going back and wearing bell bottoms," Bush
said of the proposed constitutional amendment that would guarantee equality
under the law for women, according to the Miami Herald.
Along with Illinois, Arizona, and Missouri, Florida is one of four targeted
states in a renewed drive to pass an amendment to the US Constitution that
reads: "Equality of rights under the law shall not be denied or abridged by the
United States or by any State on account of sex." In 1982, Florida was one of
several states that narrowly rejected ratification of the ERA.
Beginning in 1923, the ERA was introduced in every session of Congress until it
was approved in 1972. It was then sent to the states for ratification with a
seven-year deadline and fell just three states short of the 38 needed for
ratification when the 1982 deadline expired. If ratified, the ERA could become
the 28th Amendment to the U.S. Constitution.
Eleanor Smeal, president of the Feminist Majority Foundation, was one of the
leaders of the drive to ratify the ERA from 1972-1982. "We must keep introducing
the ERA until women win equality," Smeal said. "As the Bush administration
continues to turn back the clock on women’s rights, the ERA is needed now more
than ever. Without a constitutional guarantee, the progress women have made over
the past 30 years is endangered."
The renewed movement for passage of the ERA has also made
headway in Illinois, where a House committee has approved a bill for ERA
ratification. In addition, the Illinois Senate president has expressed support
for the legislation, Jennifer Macleod, national coordinator of the ERA Campaign
Network told United Press International.
While women have made considerable gains since the ERA was first introduced,
women still do not have equality in the United States. Women earn just 73 cents
on the man’s dollar. Women make up 14 percent of the seats in the U.S. Congress.
Slightly less than 50 percent of women nationwide have more than a high school
education. The proportion of women aged 16 and over in poverty is 12 percent,
compared to 8.3 percent of men.
Critics of the ERA claim that it would nullify laws that ban homosexual
marriages and would lead to the legal recognition of transgender people. "I
think that going back and selecting slices of Americana and saying you’re
entitled to special rights, that we can slice and dice it all you want," Florida
House Speaker Johnnie Byrd told the Herald.
 | Sandy J. Oestreich |
Interviewed by Editorial Writer Tom Sander
South Florida Sun-Sentinel (Broward Metro Edition)
Sunday, April 6, 2003
Q. What exactly does the Equal Rights Amendment say?
A. It says: "Equality of rights under the law shall not be denied or abridged
by the United States or by any state on account of sex. The Congress shall have
the power to enforce, by appropriate legislation, the provisions of this
article. This amendment shall take effect two years after the date of
ratification."
Q. I thought the whole debate about the ERA was over in June 1982 after the
10-year deadline set by Congress expired, and only 35 of the 38 states required
had voted to ratify it. How and why is it being brought up 21 years later?
A. By 1982, we were so exhausted we went home, and we were so demoralized. We
all believed the ERA was dead – until 1992, when the Madison amendment on
congressional salaries, the 27th Amendment to the U.S. Constitution, was
ratified after gathering dust for 203 years. We thought, if it's good enough for
Madison, it's good enough for the ERA.
Now that we recognize that legal opinion is on our side -- and that
an independent poll shows 88 percent of citizens want the ERA in the
Constitution, as opposed to only 61 percent in 1982 -- we are convinced that now
is the time.
We have other substantiating arguments that seem to have credence with our
constitutional lawyers. One of them is that the time limit was set in the
introductory material, not the body of the ERA amendment itself. Another is that
Congress extended the original seven-year time limit by three years, so it's
obviously a flexible and flimsy constraint. So we've picked up on it and dusted
it off and fueled our engines and got going.
Q. Doesn't the U.S. Constitution give men and women equal protection of the law
now?
A. I have arguments with politicians and others who say, "Sandy, we already
took care of that. We have statutes and blah-blah." Well, none of them protect
us. The Supreme Court told us in 1873 that if we women wanted the vote, we'd
have to amend the U.S. Constitution, and it took us until 1920 to do that. We
thought full equality would follow. But in 1973, the Supreme Court again said if
you want equality of treatment in perpetuity, you have to amend the U.S.
Constitution again. They keep telling us that.
Why they do that is that the 14th Amendment says very cheerfully in the first
few sentences that basic rights are accorded to all "persons." But then you read
carefully toward the end and you find that "persons" are defined as men, because
we were thought of as chattel, as possessions, when that was written. So the
14th Amendment doesn't do it for us.
Q. Doesn't Florida's Constitution have its own version of a "little
ERA"?
A. Yes, Florida voters approved Revision No. 9 in November 1998. It says in
part, "All natural persons, female and male alike, are equal before the law and
have certain inalienable rights " All it did was add the words "female and male
alike" to an existing statement of equality that has been in the state
constitution for years.
But that addition was effectively made null and void by a Dec. 14, 2001, U.S.
appeals court ruling saying that Florida women's sex discrimination cases do not
warrant the "strict scrutiny" accorded cases based on race, religion or national
origin.
And that's what's happening to state constitutional ERAs. The door opens, but
then it closes behind us when we're not looking. That's one of the reasons a
national ERA is still needed. Because courts tell us if we want equality we must
amend the U.S. Constitution. Nothing else does it, not state constitutions, not
the 14th Amendment and not laws either.
Look at the efforts to dismantle Title IX and affirmative action. Unlike the
Constitution, laws are more vulnerable to being ignored, eroded, overturned,
diluted. Until we get the ERA, it's like President Lincoln trying to get the
Emancipation Proclamation one plantation at a time.
Q. Can you give me some examples of current legalized
discrimination, which an ERA could prevent or overturn?
A. As a matter of fact, both men and women are discriminated against. Men
have difficulty either admitting or knowing it. Here are some vestiges of
outright sex discrimination that reflect an unthinking stereotype in men's and
women's roles. The worst of them come from the unreal myth that homemakers don't
work and women don't deserve a full salary for doing the same work a man does.
There is still that lingering thing that women are
foolish, slothful and possessions of men.
In January, the Florida Supreme Court said a man can be held responsible for
child support even if it's proven he didn't father the child. In Georgia, women
in a divorce stand not only to lose their children but all their assets,
including the family home.
Recently, dozens of female Air Force cadets whose sex assault [cases] were
mishandled learned they have nowhere to go with valid complaints. Insurance
companies offer coverage for men who use Viagra for erectile dysfunction, but
not for women who use birth control pills. That's pretty blatant. Also, women
get lower payouts from life insurance on the supposition they live longer.
We don't have laws giving us quality paid day care – single moms are most
affected – as other countries have.
Q. I understand women have a pay gap, too.
A. Women get only 71 [sic -- 77] cents for every dollar a man earns.
When I was starting this whole ERA thing years ago, it was 59 cents. So, it's
not like "You've come a long way, baby, now go sit down and shut up." We're not
going to settle for just virtual equality. We want real equality. We're tired of
pretending to be equal; we want to be equal.
Q. Who is sponsoring the bills trying to get the Legislature to ratify the
ERA in Florida?
A. The prime sponsors of identical bills are Sen. Gwen
Margolis, a Miami Democrat (Senate Concurrent Resolution 1166). In the House,
it's sponsored by Rep. Arthenia Joyner, a Tampa Democrat (House Concurrent
Resolution 615). We have cosponsors of both sexes, both major political parties
and all ethnic groups.
Q. What groups are part of your Florida Equal Rights Alliance?
A. There are about 40. The Florida chapter of the American Civil Liberties
Union, the Florida League of Women Voters, Florida Business and Professional
Women, Florida National Council of Jewish Women, the Humanists of Florida,
Miami-Dade County government and several other county governments. We have seven
action teams around the state. It's growing like mad. We plan to get religious
groups, Americans United for Separation of Church and State and others involved.
What I'm trying to do is engage those people in dialogue who are somewhat on the
fence, or opposed. I have spoken before the latter groups, and I'm very
convinced that they just don't know the words.
Q. Who is opposing ratifying the ERA, and why?
A. I can't really say we've had much opposition in Florida. They haven't
revved up yet, but they may rev up in time. It's not the average decent
religious person or the average decent Republican or the average person who
believes life starts at conception. It's the arm-twisting of those hierarchies
that are against us. They are still hawking the quaint, antique, foolish ideas
that the ERA would dictate unisex toilets, women in combat, abortion and
same-sex marriages.
Well, first off, the language doesn't say anything like that. Usually, their
rhetoric has to do with them not knowing what the words are, frankly. Besides,
we've had these "dreaded" things for years before the ERA was ever introduced.
Not one state with an ERA in its constitution has noted an explosion of unisex
toilets or any of the other "horrors." To the contrary, Washington state has
declared that there is no relevance of the ERA and same-sex marriages.
Q. Given that conservative Republicans are controlling both the
Florida House and Senate and the governorship, is it likely that Florida would
ratify the ERA?
A. You know, it's up for grabs. Republicans, for some reasons like
the religious influences in the party now, maybe lots of other reasons, seem at
first blush to be against it. But if you ask them why, they kind of murmur and
worry about same-sex marriage. The legislators I've talked to, when I tell them
the language, and say equality is the bulwark of our Constitution, and ask what
possible reason could you have to keep more than half the
population out of the Constitution, they get uncomfortable. Maybe because they
realize their reasons for opposing ERA are "running on empty." We think they,
like many of us, just need to explore some of their own values that don't serve
them well any more.
Q. Where is your campaign focusing its efforts?
A. We are focusing on the political party leaders and the judiciary
committees of both houses, because that's where the bills are. We are trying our
best to get legislators to see that ERA is simple justice, long overdue for
their constituents and their families, and not some devious battle plan.
Q. What are some of the other myths about the ERA?
A. That it's not about simple equality for all and would somehow harm
America. They're kind of floundering, in a very retro way, to counter us. Their
arguments were without logic before, and still are.
So, we now have a pretty good engine going. Even the Republicans and some other
people seem to be listening to logic that we need to be pulling Florida out of
the mental swamps and chads.
Q. In the amendment, does the word "sex" mean gender or sexual
orientation?
A. It just means being male or female.
Q. Why do you suppose so many people oppose the ERA?
A. It's both ignorance and fear. It's not obvious to quite a few people. It
makes a lot of difference. I think it has a religious backing going back to
antiquity, when women were thought of as second-class, men's property, chattel.
That really framed U.S. thinking. Women were typically under their father's care
and then handed off to another man in marriage. Couldn't be trusted to make
reasoned decisions. In many cases, that distorted thinking persists.
That's a major reason for ERA -- to place women legally in a position of
being whole persons with rights to self-determination, so they can be full
participants in society, making policy as well as living under it.
Q. In summary, what would be your message?
A. We say to men: Go and listen to the women around you. Listen, really
listen, to your daughters, your wives, your mothers and other women when they
are not just trying to placate your macho-ness or cater to your ego, when they
are not intimidated or frightened, when they are not seeking just a bit of your
power because they have less of their own.
We say to women against the ERA: Search your souls and ask
yourselves why is it that you do not stand up at group gatherings and voice your
opinion first, before all the men have finished. Ask why girls in school classes
answer seldom and in timid voices, as they get derided by boys. Ask what you'd
have done with your lives if you'd been a man, and ask what stopped you.
We are tired of pretending to be equal. We really want to be
equal. What reasonable person can say that equality should not be accorded to
every American citizen? The U.S. Constitution provides a firewall around our
equal rights; it's the only thing that does.
All of the countries formed with charters since World War II have
an equal rights clause in them. We do not. Even Afghan women have an equal
rights amendment, yet they are having trouble getting it implemented. And we
will, too. But it's not going to be a slam-dunk.
Now is the time for the ERA. We will ratify, no doubt. May take
some time, but we aren't going home without it.
Sandy J. Oestreich is founder and chair of the Florida Equal
Rights Alliance, a network of about 40 organizations now urging Florida's
Legislature to ratify the U.S. Equal Rights Amendment. Florida is one of only 15
states that did not ratify the amendment in the 10 years after Congress approved
the amendment and before the June 30, 1982, deadline for
ratification. She has a legal opinion saying the deadline is no longer valid,
and that if only three more states ratify it, the ERA can be enacted. Oestreich
is also chair of the ERA task force for the League of Women Voters of Florida. A
former college professor, she now works as a nurse-practitioner, living in St.
Petersburg.
Photo: From left, Sandy Oestreich, former U.S. Rep. Patricia Schroeder and
Rep. Arthenia Joyner, ERA bill sponsor in the House.

GEORGIA
Go to www.4ERA.org for the latest
information from Georgia ERA advocates.
 | Women need amendment, despite gains |
by Martha Ezzard
Atlanta Journal and Constitution
May 6, 2003
Thirty years ago, conservative evangelist Jerry Falwell railed against the
Equal Rights Amendment, warning that it would send women to die in combat or to
be taken prisoners of war. The ERA fell three states short of ratification – but
try replaying the Falwell line to Pfc. Jessica Lynch or any of the American
servicewomen sent to Iraq.
At last, there is a serious campaign in Congress and around the country to
revive the ERA – and the old arguments against it are fodder for late night
comedy shows. Many of the so-called horrors Christian fundamentalists touted are
modern-day reality, progressive gains that women have realized. They have little
to do with the proposed constitutional amendment, then or now.
I remember the ridiculous co-ed restroom “specter” raised by Southern Baptists.
Today, co-ed restrooms on college campuses are the norm rather than the
exception; even Falwell may have stumbled upon the Southern-style “family
restroom” in the Charlotte airport, where fathers can help with diaper changing
and infant care when families travel.
So if women have made so much progress in the 21 years since the amendment died,
why pursue it?
The answer has nothing to do with social mores, but with bread-and-butter
discrepancies that still exist. Sure, a patchwork of new state and federal laws
prohibit sex discrimination – but until women can rely on uniform constitutional
protection, they face hurdles men don’t in seeking equal pay, pensions,
unemployment benefits or workplace advancement.
Victory could be just three states away, some legal authorities say.
The three-state strategy is based on the theory that there is no constitutional
time limit for ratification unless it is written into the amendment itself. When
the ERA was proposed, the seven-year limit was not part of the amendment text
that state legislators voted on (nor was the five-year extension). It was part
of the wording of the resolution proposing the amendment.
The precedent for bridging the time limit is the 1992 certification of the
203-year-old Madison Amendment, which bars Congress from voting itself a pay
raise that could take effect prior to the next election. Justice Department
lawyers, relying on language in a U.S. Supreme Court case, advised approval
after the 38th state ratified it because no time limit had been specified. While
the court has not directly ruled on an ERA-ratification time limit, respected
legal scholars such as Harvard’s Lawrence Tribe say the three-state
interpretation could be valid.
Meanwhile, bipartisan resolutions in both the House and Senate propose to start
the ratification process anew for what would be the 28th amendment.
Given today’s economic climate, the timing couldn’t be better. Women, some
freshly off welfare, are holders of the largest number of low-wage jobs. They
often don’t qualify for unemployment benefits. And because they take time off to
have children, women have earnings records that relegate them to only minimal
Social Security benefits. Jobs predominantly held by women are still undervalued
in the marketplace, according to a recent report by the American Association of
University Women. Female child-care workers, for example, are paid less than
mostly male truck drivers, despite educational qualifications and social worth.
Without federal constitutional protection, that’s the way it will stay in most
states.
As the presidential election draws closer, the political climate for women’s
rights could improve even among conservatives. While Florida Gov. Jeb Bush
recently poked fun at an ERA resolution in his state Legislature, calling it
“retro,” a CNN poll last weekend showed President Bush losing support among
female voters. Only 44 percent of women say they will vote for him again.
Working women have little time to ponder the legalities of a new ERA campaign.
But as they face health insurance, child care and job cuts in a faltering
economy, politicians best avoid labeling women’s rights “retro” -- lest the
label fall to them in 2004.

ILLINOIS
Go to www.eraillinois.org for the
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 | ERA supporters hope issue comes up to vote in Illinois
by Doug Wilson
Senior Writer, Quincy Herald-Whig
April 6, 2004
SPRINGFIELD, Ill. — A former state lawmaker said the federal Equal Rights
Amendment may come up for a vote in Illinois this year if a few more senators
agree to support the measure.
Laurel Prussing of Urbana has been lobbying for the ERA and says a group of
uncommitted lawmakers holds the key to passage. Sen. John Sullivan,
D-Rushville, is among those legislators who has not committed on how he would
vote.
"This is common sense. Most people already think there's something in the U.S.
Constitution that gives women equal rights. They're surprised to find out we
don't," Prussing said.
It's also a hot button issue for many people, and Prussing said she constantly
must respond to people who say the ERA would create some kind of terrible
crisis in the United States.
"They're using scare tactics. They say this will force the government to pay
for abortion-on-demand. They say this is going to allow gay marriage. They say
this will put women in combat in the military. This is really about equality
and equal rights for women. That's all," Prussing said.
Sullivan has heard those charges, and he's gotten lots of phone calls from
people on both sides of the ERA issue.
"It has probably been fairly even between those who support it and those who
oppose it," Sullivan said. "I haven't decided which way I would vote on this.
I guess I've got some more questions I want answered before I make that
commitment."
Nationally known speaker Phyllis Schlafly, who opposes the ERA, has argued
there is no need to change the constitution. She says protections in other
amendments already safeguard women's rights.
Louise Crede of Quincy, a member of the Adams County Chapter of the League of
Women Voters, says those protections are nothing more than legal precedents.
For instance, many ERA opponents say the 14th Amendment, which deals mostly
with voting rights for blacks, gives women equal rights too.
"But women weren't allowed to vote" until the suffrage movement succeeded in
gaining passage of the 19th Amendment, Crede said.
Members of the Illinois House passed an ERA measure last year with 75 votes.
That's more than the three-fifths majority needed in Illinois. But votes in
the Senate aren't as certain.
Prussing points out that House Minority Leader Tom Cross, R-Oswego, supports
the ERA. In the Senate, Republican Leader Frank Watson of Greenville opposes
the amendment. That means other Republican Senators are less inclined to
support the ERA.
Senate President Emil Jones, D-Chicago, has promised to sponsor the ERA
legislation as soon as supporters line up the needed number of votes — and a
cushion of few extra votes as well, Prussing said.
Sullivan has faced some of the same pressures facing other lawmakers on the
issue. In January, the comments coming into Sullivan's office were 4-to-1
against the ERA. He's since seen those numbers even out, but he still sees
this as a controversial issue where people on both sides have very strong
feelings.
"Certainly I'm a big supporter of women's rights and equality," Sullivan said.
"On the other hand, the ERA has brought into discussion the issues of abortion
and funding of abortions that has taken place in four other ERA states."
Prussing says that's a misdirected concern. Illinois already has an ERA for
the state constitution. What she is pushing is a federal ERA. "What they want
to make this about is abortion or something else, that it's not," she said.
Ironically, Iraq and Afghanistan have both written up national constitutions
that guarantee equal rights for women. United States diplomats have in some
cases suggested this language.
"Japanese women have had equal rights since the U.S. helped them write their
constitution in 1946, but ... in 2004 we still don't have constitutional
guarantees of equal rights for women in the United States," Prussing said.
Many people thought the ERA was dead because Congress put a 10-year deadline
on efforts by the states to pass the amendment. But then in 1992 an amendment
that had first been promoted in the late 1700s finally was accepted by
Congress.
Crede says a statewide poll shows 63 percent of people support the ERA.
Prussing said another 19 percent oppose the ERA.
In the end, ERA supporters in Illinois are more interested in winning over a
few more senators who could provide the margin of victory that they need. |
 | House gives new life to ERA |
Measure banning sex bias goes to state Senate
by Christi Parsons
Chicago Tribune
May 22, 2003
SPRINGFIELD -- A generation after state lawmakers voted to doom ratification of
the Equal Rights Amendment, the Illinois House on Wednesday voted by a large
margin to resurrect the aged proposition in hopes of reinvigorating the
nationwide movement.
Though the deadline for national ratification of the ERA has long since
passed, supporters declared the 76-41 victory a practical win as well as a
deeply symbolic one.

"This says to women that Illinois was wrong before," said Rep. Lou Lang
(D-Skokie), the sponsor of the measure. "We're prepared to take our place now
among the states who say this amendment should be ratified. We're making a
statement that that is the way things should be."
The Illinois resolution calling for a constitutional ban on sex-based
discrimination now goes to the Senate, where President Emil Jones (D-Chicago)
has pledged to work for its passage. The resolution could be called for
consideration anytime before the adjournment of the spring session, which is
scheduled for the end of May but possibly headed for extension.
But the fate of the larger cause lies elsewhere. The ERA proposal fell
three states short of the 38 needed for ratification in 1982, when a
congressional deadline expired. Now, in order to resurrect the amendment,
Congress would have to extend the deadline.
Opponents of the change argue that the ERA movement would have to start
over from the beginning and pass resolutions in 38 states all over again.
Supporters of the Illinois resolution say its approval would give new life to
the national crusade either way.
"It gives impetus and energy to other states," said Lang. "Then Congress
would be under pressure to extend the deadline."
Lacking the theatrics that marked the Illinois debates in the 1970s and
early 1980s, the discussion among House members Wednesday was restrained and
mostly polite. Three decades ago, pro-ERA demonstrators fasted and chained
themselves to posts outside the Senate chamber, while anti-ERA activists jeered
them.
On Wednesday, lawmakers got more up in arms over parliamentary procedure
than over the ideology of the debate. Even the most plain-spoken of opponents
prefaced their comments with modern-day disclaimers.
"Women deserve all the rights of every man in our society," said Rep.
Terry Parke (R-Hoffman Estates). "No one here would deny that. But this is not
the way to go about resolving that issue."
Parke said his objections to the amendment are "pro-family," and that he
is worried that the proposed change would require taxpayer funding for
abortions, legalization of same-sex marriage and installation of the draft and
mandatory combat positions for women.
Thirty years ago, opponents didn't offer such stipulations
"This was totally different," said Pam Sutherland, now the executive
director of Planned Parenthood, who lobbied for the ERA back then. "People then
actually argued that we weren't equal and that we should be at home. It was
degrading."
That was a generation in the past, though, and now some of the lawmakers
and lobbyists are taking up where their parents left off. Brigid Leahy, a
lobbyist who watched Wednesday's vote from the gallery, accompanied her parents
to the state Capitol to hear the original debates when she was a schoolgirl.
"It's amazing," she said. "Even those who were against it today were
against it because of procedural reasons."
Other second-generation players were on the House floor.
Rep. Kevin Joyce (D-Chicago) got the chance to vote "aye" twenty years
after his father, Sen. Jeremiah Joyce (D-Chicago), cast his vote for the ERA.
Rep. Frank Mautino (D-Spring Valley) did the same thing--with strong
backing from a veteran supporter.
"My dad voted for it, and my mom supported it," he said. "She still does.
I've still got the same mom."
Copyright © 2003, Chicago Tribune

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