New ERA introduced in
Congress; NRLC urges opposition
WASHINGTON (March 30, 2007)
-- The
controversial federal "Equal Rights Amendment" (ERA)
was re-introduced in both houses of Congress on
March 27.
According to the Washington Post (March
28), "House and Senate Democrats . . . vowed to
bring it to a vote in both chambers by the end of
the session." If so, it would be the first time
since 1983 that either house of Congress has voted
on the ERA.
The proposal was introduced in the House as H. J.
Res. 40 by Congresswoman Carolyn Maloney (D-NY),
with 192 cosponsors, and in the Senate as S. J. Res.
10 by Senator Edward Kennedy (D-Ma.), with 20
cosponsors.
Some supporters of the new resolutions now refer to
the measure as the "Women's Equality Amendment," but
the resolutions would place within the federal
Constitution exactly the same language as the
original ERA that Congress proposed to the state
legislatures in 1972, which was never ratified by
the required number of state legislatures. However,
Congress attached a seven-year deadline for
ratification to the 1972 proposal. The new
resolutions contain no deadline for ratification.
Many pro-ERA groups claim that the 1972 resolution
is still alive and could become part of the
Constitution if ratified by three more states. In
13 years of promoting this theory, however, the
pro-ERA groups have failed to convince a single
state legislature to go along with it. The most
recent rejection, which occurred in Arkansas in
February, was reported in the March 2007 issue of
NRL News. ("NRLC,
Pro-Life Forces in Arkansas Deal Setback to Campaign
to Revive 1972 Pro-Abortion ERA.")
NRLC is strongly opposed to the federal ERA unless
it is amended to explicitly prevent the provision
from being used to attack pro-life laws. The
required "abortion-neutral amendment" reads,
"Nothing in this Article [the ERA] shall be
construed to grant, secure, or deny any right
relating to abortion or the funding thereof."
In some states that have added ERAs to their state
constitutions, courts have interpreted the ERAs to
invalidate laws targeting abortion. For example,
the New Mexico Supreme Court ruled 5-0 that the
state's ERA invalidated a state ban on funding
abortions through the state Medicaid program.
In
a March 28 letter to U.S. House members, NRLC
Legislative Director Douglas Johnson and
Congressional Liaison Susan Muskett wrote, "If H.J.
Res. 40 is brought to the House floor, NRLC will
urge adoption of the remedial abortion-neutral
amendment. If the amendment is not adopted, NRLC
will oppose passage of H.J. Res. 40, and will
include the roll call on passage in its scorecard of
key pro-life roll calls of the 110th Congress."
On March 29, NRLC sent a similar
letter to senators regarding S. J. Res. 10.
The NRLC letters to Congress, lists of cosponsors of
H.J. Res. 40 and S. J. Res. 10, and many documents
on the ERA-abortion connection are available in the
NRLC website section on the "Equal Rights Amendment"
at
http://www.nrlc.org/Federal/era/Index.html