Should SJR12 be enacted, it would reinforce the legal framework surrounding gender equality in the United States by establishing the ERA as constitutional law, therefore providing a robust legal remedy against sex discrimination. The resolution points out that the ratification of the ERA (completed by January 27, 2020, with Virginia being the 38th state to ratify) would clarify the legal standards applied to sex discrimination cases, which have historically been inconsistent. By potentially strengthening protections against gender-based discrimination and inequities, this measure could lead to significant changes in federal and state laws concerning gender rights.
Senate Joint Resolution No. 12 (SJR12), introduced by Senator Skinner, aims to urge the United States Congress to pass House Resolution 891, which asserts that the Equal Rights Amendment (ERA) has fulfilled its ratification requirements and should be recognized as the Twenty-Eighth Amendment to the U.S. Constitution. The ERA guarantees that rights under the law cannot be denied or abridged on the basis of sex, thus reinforcing the commitment to gender equality within the legal framework of the United States. This resolution emphasizes that the adoption of the ERA would be a crucial step in advancing gender justice and securing equal rights for women, girls, and gender-expansive individuals.
The sentiment around SJR12 is largely positive among supporters who view the resolution as affirming societal progress towards gender equality. Advocates argue that enshrining the ERA into the Constitution would address long-standing gender disparities in legal and social areas. However, the bill faces some contention from those who worry about overreach and the practical implications of the ERA, especially in states that have not ratified the amendment. This division reflects broader cultural debates about gender roles and the interpretation of civil rights.
Notable points of contention involve the opposition from several states that have yet to ratify the ERA, as well as concerns regarding its enforcement and implications for existing laws. The resolution historically reflects the difficulties in attaining universal acceptance for gender equality measures, with opponents likely raising issues regarding the potential for unintended legislative consequences, differing interpretations of sex discrimination, and a perceived need to maintain state sovereignty over certain rights and responsibilities.