ERA Once and For All

Equality for All, Nothing Less

People think the ERA passed.  People know the ERA did not pass.  People think we don't need it.  People know we do need it.  The Equal Rights Amendment has been misunderstood, ignored and treasured since 1923.  Written by Alice Paul and edited to its final form, these twenty four words are held dear by a handful of people who are dedicated to Constitutionality for all Americans.

As of the arbitrary deadline of June 30, 1982, thirty-five states had ratified the ERA, three states short of the thirty-eight required for a constitutional amendment.  Through the tireless work of the women of the state of Nevada, the 36^th ratification was accomplished in 2018.  Illinois ratified in 2019.  Finally, January, 2020, the state of Virginia completed the constitutional requirement of 3/5s, a super-majority. 

The process for the adoption of a constitutional amendment is that a state presents the ratification documents to the National Archivist for certification.  This was followed for both Nevada and Illinois which means thirty-seven states were certified.  When the Virginia documents were sent, the National Archivist was directed, by the 2020 Department of Justice, to not certify them.  With the 2021 inauguration and a new Department of Justice, there is a movement asking to lift the stay of certification.  There is both hope and expectation that with the certification of thirty-eight states, that the legality of the arbitrary deadline will be dismissed as no longer relevant.   

 ERA Once and For All is a national movement with the mission statement that includes:

• support all strategies for the passage of the Equal Rights Amendment
• distribution of information on the current status of the ERA
• education on the history of the ERA

Follow ERA Once and For All on Facebook amd Twitter (@ERAforall).  Please email information you would like posted, questions you would like answered, endorsements from you and your organizations.  This movement includes everyone Once and For All.

2020 Democratic Party Platform

2020 Democratic Party Platform

Protecting Women’s Rights

Democrats will fight to guarantee equal rights for women, including by ratifying the Equal Rights Amendment and at long last enshrining gender equality in the U.S. Constitution. We will take aggressive action to end pay inequality, including by increasing penalties against companies that discriminate against women and passing the Paycheck Fairness Act.

Democrats are committed to ending sexual assault, domestic abuse, and other violence against women, including the epidemics of violence against Native American women and transgender women of color.
page 43

The National Democratic Platform 2016

The National Democratic Platform 2016
As Approved  by the Democratic  Platform  Committee
July  8-9, 2016 -Orlando,  FL

Section Four
Bring Americans Together and Remove Barriers to Opportunities

Guaranteeing Women’s Rights   pages 18 & 19  

We are committed  to ensuring  full equality  for women.  Democrats  will  fight  to end gender discrimination  in  the areas of  education,  employment,  health  care, or any  other  sphere.  We will combat  biases  across economic,  political,  and social  life  that  hold  women  back and limit  their opportunities  and  also tackle  specific  challenges  facing  women  of color.  After  240 years,  we will finally  enshrine  the  rights  of women  in  the  Constitution  by passing  the Equal  Rights Amendment.  And  we will  urge  U.S. ratification  of  the Convention  on the  Elimination of  All Forms  of Discrimination  Against  Women.Note from ERA Once and For All
If you scroll down to the 2012 platform you will see the previous commitment to pass both the ERA and CEDAW.  The Democratic Party Platform has included it for decades.  It does not mean it will happen.  In truth, it means there is an intention to pass it.  The fact remains that many factors must line up for it to happen.  Learn what the actual legal process is. 
Submit bills early, hopefully in March as Ted Kennedy did every year he served. 
Elect Democrats in House & Senate. 
Move legislation out of committee, off the floor and out to the states. 
Primarily do not fall into complacency, do not believe the platform is the same as legislation and never give up. 

Moving America Forward ~ The Democratic National 2012 Platform

2012 Democratic Platform ~ Moving America Foward

Protecting Rights and Freedoms Section (page 17 in some editions)

Civil Rights. We believe in an America where everybody gets a fair shot and everybody plays by the same set of rules. At the core of the Democratic Party is the principle that no one should face discrimination on the basis of race, ethnicity, national origin, language, religion, gender, sexual orientation, gender identity, or disability status. Democrats support our civil rights statutes and we have stepped up enforcement of laws that prohibit discrimination in the workplace and other settings. We are committed to protecting all communities from violence. We are committed to ending racial, ethnic, and religious profiling and requiring federal, state, and local enforcement agencies to take steps to eliminate the practice, and we continue to support enforcement of Title VI. We are committed to equal opportunity for all Americans and to making sure that every American is treated equally under the law.

"Because of ‘Don't Ask, Don't Tell,' each time I went off to war, no one was at the armory to say goodbye. No one was waiting at the airport when I returned. My partner, George Di Salvo, and I started a family five years ago by adopting two wonderful boys. But I kept their existence secret, because that's what the law required. Not anymore, however. Thanks to the unyielding efforts of President Obama, I can serve my country openly and proudly with my family by my side."—Dr. Vito Imbasciani, Colonel, California National Guard, Medical Service Corps

We are committed to ensuring full equality for women: we reaffirm our support for the Equal Rights Amendment, recommit to enforcing Title IX, support the Paycheck Fairness Act, and will urge ratification of the Convention on the Elimination of All Forms of Discrimination Against Women. We know that putting America back to work is Job One, and we are committed to ensuring that Americans do not face employment discrimination. We support the Employment Non- Discrimination Act because people should not be fired based on their sexual orientation or gender identity.

President Obama and the Democratic Party are committed to ensuring all Americans are treated fairly. This administration hosted the first-ever White House Conference on Bullying Prevention and we must continue our work to prevent vicious bullying of young people and support LGBT youth. The President's record, from ending "Don't Ask, Don't Tell" in full cooperation with our military leadership, to passing the Matthew Shepard and James Byrd Jr. Hate Crimes Prevention Act, to ensuring same-sex couples can visit each other in the hospital, reflects Democrats' belief that all Americans deserve the same chance to pursue happiness, earn a living, be safe in their communities, serve their country, and take care of the ones they love. The Administration has said that the word ‘family' in immigration includes LGBT relationships in order to protect bi-national families threatened with deportation.

Women. President Obama—the son of a single mother and the father of two daughters—understands that women aren't a special interest group. They are more than half of this country, and issues that affect women also affect families. That is why the first bill he signed into law was the Lilly Ledbetter Fair Pay Act, which helps women fight back when they are paid less than men, and why we continue to fight to overcome Republican opposition and pass the Paycheck Fairness Act to help stop gender discrimination in pay before it starts. And that is why the Justice Department and Equal Employment Opportunity Commission, led by President Obama's appointees, have investigated and prosecuted numerous violations of the nation's civil rights laws, and obtained more than $140 million in relief for victims of gender discrimination. We Democrats will continue to support efforts to ensure that workers can combat gender discrimination in the workplace and to protect women against pregnancy discrimination. And that's why we support passing the Healthy Families Act, broadening the Family and Medical Leave Act, and partnering with states to move toward paid leave.

We understand that economic issues are women's issues, and the challenges of supporting and raising a family are often primarily a woman's responsibility. That's why putting Americans back to work is Job One. That's why the Affordable Care Act especially helps women by guaranteeing they and their families won't become uninsured when they lose their jobs. That's why this administration strengthened Medicare and Medicaid for millions of women and families. And that's why the Affordable Care Act is ending health insurance discrimination against women, and provides women with free access to preventive care, including prenatal screenings, mammograms, cervical cancer screening, breast-feeding supports, and contraception.

"I know firsthand the injustice of gender discrimination in pay: for years I was paid less than my male colleagues, and it took an anonymous note from a colleague to tip me off to the fact that I was being denied equal pay for equal work. I also know firsthand that President Obama takes these issues seriously: the first bill that he signed into law was focused on making sure that other women don't face the same injustice. While the Lilly Ledbetter Fair Pay Act won't change my story, I couldn't be prouder of the legislation that bears my name, and I know who is standing up for women and families."—Lilly Ledbetter

We understand that women's rights are civil rights. That's why we reaffirm our support for the ERA, recommit to enforcing Title IX, and will urge ratification of the Convention on the Elimination of All Forms of Discrimination Against Women. That's why we are committed to ending violence against women, why Vice President Joe Biden originally wrote and championed the Violence Against Women Act during his time in the Senate, and why we support reauthorizing and strengthening it now.

The President and the Democratic Party believe that women have a right to control their reproductive choices. Democrats support access to affordable family planning services, and President Obama and Democrats will continue to stand up to Republican efforts to defund Planned Parenthood health centers. The Affordable Care Act ensures that women have access to contraception in their health insurance plans, and the President has respected the principle of religious liberty. Democrats support evidence-based and age-appropriate sex education.

Current Strategies for the Passage of the ERA ~ updated July 2011

Since the deadline of June 30, 1982 strategies to ratify the Equal Rights Amendment have continued.  Every Congress has had a bill or two in front of them to consider.  In these 29 years, there are two distinct primary strategies. 

THREE STATE STRATEGY The three state strategy adheres to the original plan, carries forward the thirty-five states that did ratify (1972 – 1977) and strives to bring in three more; achieving the required number of thirty-eight.  There are teams of people in many of the non-ratified states working tirelessly to see this through.  This strategy has been introduced into the 112th Congress by Rep Tammy Baldwin (D-WI), March 8, 2011and is now, HJ Res 47 with 24 sponsors, including Rep Carolyn Maliney (D-NY).   March 21, 2011, the House Committee on the Judiciary referred to the Subcommittee on the Constitution.  There have been no hearings scheduled at this time. 

One of the obstacles the three state strategy supporters face is that some state legislators say that the deadline has passed and therefore there is nothing to vote on or, even if they did vote to ratify, the vote would be found unconstitutional.  In response, pro-ERA activists have successfully gotten HJ Res 47 introduced into the 112th Congress.  Rescinding the deadline would pave the way for the THREE STATE STRATEGY.   

THIRTY-EIGHT STATE STRATEGY The thirty-eight strategy is also known as THE START OVER STRATEGY.  This legislation has the identical language the original 1948 ERA but has no attached deadline at all and the state count goes back to zero.  This has been introduced into the 112th Congress by Rep Carolyn Maloney (D NY) June 22, 2011; HJ Res 69.   It has been assigned to the House Judiciary Committee.  Hearings have not been scheduled as of the time of this writing. 

There are some obstacles with the thirt- eight strategy as well.  While the hope is that a national campaign will roar through the country collecting the overwhelming explicit support of the citizenry, several of the previously ratified states have applied to reverse their ratified status and the ERA may stall with even fewer than thirty-five.  Certainly the prospect of losing states is concerning.

The ERA Once and For All campaign supports ALL strategies to ratify the Equal Rights Amendment.

Section 1. Equality of rights under the law shall not be denied or abridged by the United States, or by any state, on account of sex.

Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 3. This amendment shall take effect two years after the date of ratification.

 

Rep. Maloney, Sen. Menendez reintroduce the Equal Rights Amendment

 FOR IMMEDIATE RELEASE:               June 22, 2011

WASHINGTON, DC – Rep. Carolyn Maloney (D-NY), and Sen. Robert Menendez (D-NJ) today reintroduced the Equal Rights Amendment at an event just outside the Capitol.

“The Equal Rights Amendment is still needed because the only way for women to achieve permanent equality in the U.S. is to write it into the constitution,” Rep. Maloney said. “While it’s been thrilling to see how far women have come in my lifetime, laws can change, government regulations can be weakened, and judicial opinions can shift. Making women’s equality a constitutional right—after Congress passes and 38 states ratify the ERA—would place the United States on record, albeit more than 200 years late, that women are fully equal in the eyes of the law.”

“The WalMart case decided by the Supreme Court this week is a classic example of how far attitudes must still come. The facts of the case support the view that over a million women were systematically denied equal pay by the world’s largest employer,” Maloney said. “While the ERA would apply only to government action, its effect would be sweeping, historic—and long overdue.”

“It is a disgrace that American women are still not constitutionally guaranteed equal rights under the law,” said Menendez. “Women have made tremendous advancements in our society, but we must continue to advance women’s rights by bringing our laws in line with 21st Century values.”

The House bill has 159 original cosponsors, including Rep. Gwen Moore (D-WI), Chair of the Congressional Women’s Caucus, who also attended, saying, “How many times do we need to be reminded that women’s rights are at the mercy of the Supreme Court?  It’s time once and for all to tell American women that regardless of their biology they have equal rights under the Constitution.”

“In the year 2011, it is truly an embarrassment for our nation that we still do not have gender equality enshrined in our Constitution,” said Rep. Jerry Nadler (D-NY).  “This profound omission undermines our standing as a nation committed to freedom and equality for all.  It is a matter of simple justice and our leadership in the world that we move quickly to rectify this defect.  I am proud to once again join my friend and colleague, Congresswoman Carolyn Maloney, as she reintroduces the Equal Rights Amendment, which would provide a clear and unequivocal statement guaranteeing equal rights for women.”

"Women and men deserve and need full equal rights. Without constitutional equality, too many women, and thereby too many families, are cheated," said Ellie Smeal, founder of the Feminist Majority. "Americans overwhelmingly support constitutional equality. It is time-- in fact, it's long overdue-- for us to move forward. That's why the Feminist Majority and other women's organizations are this year going to score cosponsorhip of the ERA as a "yes" vote-- failure to co-sponsor this bill will be recorded as a vote against women's constitutional equality. It's as simple as that-- do you value women as full equal citizens under the law, or not?"

The ERA was first introduced in 1923 as the “Lucretia Mott Amendment” at the celebration of the 75th Anniversary of the 1848 Seneca Falls “Declaration of Sentiments,” considered the founding of the women’s rights movement in the U.S.  The ERA came closest to ratification in the 1970’s, when 35 states approved it, falling just three states short of the two-thirds necessary for ratification.

For more information on the ERA, click here

For the full text of the bill click here. 

Current House Cosponsors (159): Judy Biggert; Hank  Johnson; Charles Rangel;  John Sarbanes; Robert Andrews; Joe Baca; Tammy Baldwin; Karen Bass; Timothy Bishop; Corrine Brown; G.K. Butterfield; Kathy Castor; Hansen Clarke; Yvette Clarke; James Clyburn; Steve Cohen; John Conyers; Jim Cooper; Joseph Crowley; Henry Cuellar; Danny Davis; Susan Davis; Diana DeGette; Rosa DeLauro; Norman Dicks; John Dingell; Lloyd Doggett; Donna Edwards; Eliot Engel; Sam Farr; Chaka Fattah; Charles Gonzalez; Raúl Grijalva; Colleen Hanabusa; Maurice Hinchey; Rubén Hinojosa; Mazie Hirono; Rush Holt; Michael Honda; Jay Inslee; Sheila Jackson Lee; Eddie Johnson; Dale Kildee; James Langevin; Barbara Lee; Sander Levin; John Lewis; Nita Lowey; Edward  Markey; Betty McCollum; Jim McDermott; James McGovern; Jerry McNerney; Gregory Meeks; Brad Miller; Jerrold Nadler; Grace Napolitano; Frank Pallone; Bill Pascrell; Jared Polis; Silvestre Reyes; Laura Richardson; Cedric Richmond; C.A Dutch Ruppersberger; Loretta Sanchez; Linda Sánchez; David  Scott; Terri Sewell; Pete Stark; Betty Sutton; Bennie Thompson; Paul Tonko; Niki Tsongas; Melvin Watt; Peter Welch; Frederica Wilson; Lynn Woolsey; Gary Ackerman; Xavier Becerra; Shelley Berkley; Howard Berman; Sanford Bishop; Earl Blumenauer; Leonard      Boswell; Robert Brady; Bruce Braley; Lois Capps; Michael Capuano; Dennis Cardoza; André Carson; Judy Chu; David Cicilline; Wm.Lacy Clay; Gerald Connolly; Jim Costa; Jerry Costello; Joe Courtney; Elijah Cummings; Peter DeFazio; Theodore Deutch; Michael Doyle; Keith Ellison; Anna Eshoo; Bob Filner; Barney Frank; Marcia Fudge; John Garamendi; Al Green; Gene Green; Luis Gutierrez; Alcee Hastings; Brian Higgins; James Himes; Kathy Hochul; Tim Holden; Steve Israel; Jesse Jackson, Jr.; Marcy Kaptur; William Keating; Ron Kind; Dennis Kucinich; Rick Larsen; John Larson; David Loebsack; Zoe Lofgren; Stephen Lynch; Doris Matsui; Carolyn McCarthy; George Miller; Gwen Moore; James Moran; Christopher Murphy; John Olver; Ed Pastor; Donald Payne; Gary Peters; Colin Peterson; Chellie Pingree; David Price; Mike Quigley; Steven Rothman; Lucille Roybal-Allard; Janice Schakowsky; Adam Schiff; Allyson Schwartz; Brad Sherman; Adam Smith; Jackie Speier; Mike Thompson; John Tierney; Edolphus Towns; Chris Van Hollen; Nydia Velázquez; Debbie Wasserman-Schultz; Maxine Waters; Henry Waxman; David Wu; John Yarmuth

ERA to be re-introduced by Rep. Carolyn Maloney Wednesday June 22

WHO:          Rep. Carolyn Maloney (D-NY)
                     Rep. Gwen Moore (D-WI), Chair, Congressional Women’s Caucus
                     Ellie Smeal, Founder, The Feminist Majority
                     Susan Scanlan, Director, National Council of Women’s Organizations
                    and representatives of other major women’s organizations

WHAT:      Reintroduction of the Equal Rights Amendment

WHERE:    House Triangle on the Capitol grounds (Rain room location: 2456 Rayburn)
WHEN:     12 Noon, Wednesday, June 22, 2011

Representative Maloney to Reintroduce the ERA, Monday, May 23

 New York, NY – On Monday, U.S. Rep. Carolyn Maloney (D-NY) will be joined by Lilly Ledbetter and women leaders in declaring that the House leadership’s continuing war on women has gone too far and that it’s past time to make clear that the Constitution guarantees equal rights to women.  Accordingly, Maloney will announce her plans to reintroduce the Equal Rights Amendment.   Lilly Ledbetter's historic fight to simply receive equal pay for equal work put a spotlight on the substantial economic damage that sex-based discrimination has caused women in the labor force.   The Supreme Court decision in her case made it clear that activist, conservative judges can overturn decades of precedent and laws protecting women from discrimination.

Earlier this year, Justice Scalia opined that the 14^th Amendment guarantee of equal protection does not apply to sex discrimination.  His comments alone make a powerful, compelling argument that a Constitutional amendment is needed to protect women from discrimination.   A Constitutional amendment would be an unassailable guarantee of equality and a symbol that attitudes toward women have changed.

WHAT:  News conference to announce the re-introduction of the Equal Rights Amendment, also known as the Women’s Equality Amendment.

WHEN:           Monday, May 23^rd      10:30am

WHERE:         Pace University Midtown Center, 551 Fifth Avenue, 8th Floor, Room 814, videoconference center

ERA News March 2011

Equal Rights Amendment - In the 112th Congress

• January 3, 2011- Justice Scalia spurs action for the ERA when he proclaims women are not covered under the term “personhood” in the 14th Amendment.
• March 8, 2011- Representative Tammy Baldwin (WI) and Representative Andrews (NJ) introduced legislation to rescind the artificially imposed 06/20/1982 deadline on the ERA. This would validate the 35 states that did ratify and put us 3 states out from full ratification. NWPC is proud to support all legislation in favor of passage of the ERA.
• Representative Carolyn Maloney (NY-14) has announced that she will re-introduce the ERA in the House of Representatives in April of 2011. This will begin the 112th Congressional fight to pass the ERA.
• Senator Robert Menendez (NJ-D) has promised to re-introduce the bill into the Senate following Representative Maloney’s lead.

Equal Rights Amendment- State Developments

Virginia

• February 7, 2011 - The Virginia Senate passed a resolution, SJ357, ratifying the Equal Rights Amendment.
• January 31st and February 14th - House of Delegates companion bill, HJ640, was tabled in Subcommittee #1 (Constitution) of the Privileges and Elections Committee.

Illinois

• January 12, 2011 - Equal Rights Amendment (HFRCA 2) was referred to the Rules Committee.
• February 15, 2011 - ERA is assigned to the Judiciary 1 - Civil Laws Committee
• March 9, 2011 8:00 AM - Judiciary 1 - Civil Law Committee Hearing

2011 News and Strategies

With Alice Paul's birthday and ERA rally held January 6, the first day of the 112th Congress while the Representatives read the US Constitution, it is time to refocus on the ERA. Fueled by the  statement by Judge Scalia this last week on the 14th Amendment not including women, all people interested in the ERA were given new energy.  No one could have guessed that the first week in January 2011, the ERA would be on CNN, Fox News, Huff Po and countless media outlets, blogs & posts.  

To summarize the 21st Century Strategies and current circumstances for the Equal Rights Amendment:

3 State
The 3 state strategy is a continuation of the ERA legislation that was in process in 1982.  Feminists working on this strategy believe that the deadline was not valid and with three more states, the super majority, of 38, will be reached.  Pointing out that the Madison Amendment took 203 years to pass, it is clear that the deadline of June 30, 1982 was both arbitrary and anomalous. 

Start Over
The supporters of the start over strategy are proceeding with the idea that the deadline is constitutionally valid and that the ERA should be introduced without any deadline.  This is the edition of the ERA that has been introduced by Senator Kennedy, Representative Maloney and, now, Senator Menendez.  It will require the ratification of 38 states starting at zero. 

Current Status in Congress
As with every recessed congress, HJ Res 61, the ERA was released and will have to be introduced into the 112th.   Rep Maloney (D-NY) was the champion in the House and introduced it July 21, 2009 and no one had stepped up in the Senate until Dec 10, 2010 when Senator Bob Menendez introduced the sister bill.  His office has said he will be introducing it into the 112th.    

Legislative Standing
The current national campaign is to introduce the ERA into the 112th as early as possible.
Outline of steps, 

1. Introduce into Congress in both chambers
2. Committee Hearings
3. Floor Debate and Vote
4. Bill signed
5. Sent to the states 

National Campaigns
NWPC letter campaign        http://www.nwpc.org/theera
NOW Petition        http://action.now.org/p/dia/action/public/?action_KEY=3037
Heroica Films         http://www.youtube.com/watch?v=rZP4KOFnXbg

What you can do:

• Urge the introduction of the ERA into the 112th Congress.
• Join the NWPC letter writing campaign
• Call Menendez & Maloney and thank them.
• Sign the NOW petition
• Thank Fox News & CNN for featuring the ERA
• Call for hearings (Judiciary Committee / Constitutional Subcommittee)

ERA Rally January 6, 2011

We must do all we can to see the ERA introduced, call for hearings, send it to the states and establish equal rights under the law for all Americans.