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   18  has rescinded ratification; and, to the contrary, states are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.