Florida Senate - 2009 (Corrected Copy) SCR 1008 By Senators Joyner and Rich 18-00160C-09 20091008__ 1 Senate Concurrent Resolution 2 A concurrent resolution ratifying the proposed 3 amendment to the Constitution of the United States 4 relating to equal rights for men and women. 5 6 WHEREAS, the Equal Rights Amendment was first introduced in 7 Congress in 1923 and was filed every session thereafter from 8 1923 to 1972, and 9 WHEREAS, the Equal Rights Amendment was finally approved by 10 Congress in 1972 and sent to the states for ratification with a 11 7-year deadline, and 12 WHEREAS, in 1978 Congress extended the original 13 ratification deadline for 3 more years, and 14 WHEREAS, 35 of the 38 necessary states have already 15 ratified the Equal Rights Amendment, and 16 WHEREAS, Article V of the United States Constitution makes 17 no provision for a state rescinding its ratification; no state 18 has rescinded ratification; and, to the contrary, states are 19 beginning again to ratify the Equal Rights Amendment to show 20 resolve, and 21 WHEREAS, action on the Equal Rights Amendment has never 22 been officially terminated and therefore remains in progress, 23 and 24 WHEREAS, Congress submitted to the states on September 25, 25 1789, as part of the proposed Bill of Rights, the Madison 26 Amendment, which, although relating to a different issue, the 27 timing of Congressional pay raises, remained active for 203 28 years before it was ratified in 1992 to become the Twenty 29 seventh Amendment to the United States Constitution and, among 30 other substantive legal arguments, establish a precedent that 31 the Equal Rights Amendment is likewise sufficiently 32 contemporaneous and therefore remains viable, and 33 WHEREAS, in 1998 Florida voters, by a margin of 65 percent 34 to 35 percent, approved a similar amendment to the Florida 35 Constitution when they approved Revision 9, which added and 36 clarified that “all natural persons, female and male alike, are 37 equal before the law,” therefore clearly indicating that 38 ratification of the Equal Rights Amendment would be fully 39 consistent with the will of the majority of voters in this 40 state, and 41 WHEREAS, Article V of the United States Constitution allows 42 the Legislature of the State of Florida to ratify this proposed 43 amendment to the Constitution of the United States, and 44 WHEREAS, the Legislature finds that the Equal Rights 45 Amendment for men and women is reasonable and sufficiently 46 contemporaneous and needed in the United States Constitution; 47 because, while women enjoy more rights today than they did when 48 the Equal Rights Amendment was first introduced in 1923 or when 49 it passed Congress in 1972, hard-won laws against gender 50 discrimination do not rest on any unequivocal constitutional 51 foundation and the laws can be inconsistently enforced or even 52 repealed, and 53 WHEREAS, elements of gender discrimination remain in 54 statutory and case law, and courts have had difficulty applying 55 a consistent standard to gender classifications that is not 56 inherently suspect or comparable to racial or ethnic 57 classifications under equal-protection analysis, and 58 WHEREAS, the Equal Rights Amendment for men and women is 59 necessary in order to have a clear constitutional guarantee that 60 gender is considered a suspect classification and entitled to 61 the same strict scrutiny that courts reserve for race, religion, 62 and national origin, NOW, THEREFORE, 63 64 Be It Resolved by the Senate of the State of Florida, the House 65 of Representatives Concurring: 66 67 That the proposed amendment to the Constitution of the 68 United States set forth below is ratified by the Legislature of 69 the State of Florida. 70 “Article ____ 71 “SECTION 1. Equality of rights under the law shall not be 72 denied or abridged by the United States or by any State on 73 account of sex. 74 “SECTION 2. The Congress shall have the power to enforce, 75 by appropriate legislation, the provisions of this article. 76 “SECTION 3. This amendment shall take effect two years 77 after the date of ratification.” 78 BE IT FURTHER RESOLVED that certified copies of the 79 foregoing preamble and resolution be immediately forwarded by 80 the Secretary of State of the State of Florida, under the great 81 seal, to the President of the United States, the Secretary of 82 State of the United States, the President of the Senate of the 83 United States, the Speaker of the House of Representatives of 84 the United States, and the Administrator of General Services of 85 the United States.