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Page 1: Equal Rights Amendment History Why we need it Virginia’s ... · The Equal Rights Amendment had additional supporters besides the above patron lists and would have passed easily

Virginia, let’s make history! VAratifyERA.orgVersion: August 26, 2018

One State to Thirty-Eight

Equal Rights AmendmentHistoryWhy we need itVirginia’s path to ratification

Virginia, let’s make history! VAratifyERA.orgVersion: August 26, 2018

Virginia, let’s make history! VAratifyERA.orgVersion: August 26, 2018

Why we need the Equal Rights Amendment

❖ The American Bar Association, in a letter dated June 6, 2018 and sent to the Honorable Carolyn Maloney, identified three immediate effects of ratification:

❖ Establishes gender equality under the law as a fundamental and irrevocable tenet of our society

❖ Requires all judges to apply the highest standard of scrutiny when deciding cases involving sex discrimination; would mean gender discrimination receives the same standard of review as when deciding cases involving discrimination based on race, religion, and national origin

❖ Protects and reinvigorates enforcement of existing gender equality laws

“Certainly the Constitution does not require discrimination on the basis of sex.The only, issue is whether it prohibits it. It doesn’t.”

— the late Justice Scalia, 2010, UC Hastings College of Law

Page 2: Equal Rights Amendment History Why we need it Virginia’s ... · The Equal Rights Amendment had additional supporters besides the above patron lists and would have passed easily

Virginia, let’s make history! VAratifyERA.orgVersion: August 26, 2018

2018 General Assembly Overview❖ Equal Rights Amendment passed the Virginia Senate five times since 2011,

most recently in 2016

❖ In 2018 the patron listing achieved levels never previously seen in Virginia

❖ 21 of 40 Senators signed on as patrons 19 Democrats, 2 Republicans

❖ 52 of 100 Delegates signed on as patrons48 Democrats, 4 Republicans

❖ The Equal Rights Amendment had additional supporters besides the above patron lists and would have passed easily if it had made it to the floor in either/both the House and Senate

Virginia, let’s make history! VAratifyERA.orgVersion: August 26, 2018

2019 Path to the Floor❖ One of two committees: Privileges & Elections / Rules

❖ House Speaker Kirk Cox indicates preference by assignment❖ P&E (chaired by Mark Cole-R) = not likely to pass

❖ Rules (chaired by Kirk Cox-R) = likely to pass❖ Senate Majority Leader Tommy Norment indicates preference by assignment

❖ P&E (chaired by Jill Vogel-R) = likely to pass❖ Rules (chaired by Ryan McDougle-R) = not likely to pass

❖ Rules committee chairs can move the ERA resolution directly to the floor

Virginia, let’s make history! VAratifyERA.orgVersion: August 26, 2018


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