Urging The President Of The United States To Publish The Equal Rights Amendment As The Twenty-eighth Amendment To The Constitution Of The United States Of America.
The passing of HCR200 has implications for both state and federal law. By formally urging the federal government to recognize the ERA, Hawaii positions itself within a broader movement for gender equality, aiming to resolve longstanding issues related to women's rights and protections under the law. The resolution insists that the Constitution does not limit the timeline for states to ratify amendments, suggesting that previous time constraints imposed by Congress are not valid when it comes to the ERA, thus prompting a potential shift in constitutional law regarding gender equality.
HCR200 is a House Concurrent Resolution from the State of Hawaii urging the President of the United States, Joseph R. Biden, Jr., to publish the Equal Rights Amendment (ERA) as the Twenty-eighth Amendment to the Constitution. The resolution cites the historical context of the ERA's proposal in 1972, emphasizing that it calls for equality of rights under the law regardless of sex. The resolution argues that the amendment has technically met the requirements for ratification as a majority of states have ratified it, despite the controversy surrounding the time limits imposed at the proposal stage.
Despite its intent, the resolution may create contention among lawmakers and constituents. Discussions surrounding the ERA have historically been polarized; proponents argue that it is crucial for ensuring equal rights, while opponents claim that it could have unintended legal consequences, including litigation regarding gender-specific laws or policies. Additionally, the resolution emphasizes that previous attempts to rescind state ratifications of amendments have not been honored, thereby challenging arguments against the ERA's validity based on missing deadlines.
Notably, HCR200 calls for collaboration among states by encouraging them to pass similar resolutions, fostering a unified front that could influence Congress's approach to the ERA. The resolution also highlights comparisons to past constitutional amendments, such as the Madison Amendment, to reinforce arguments for the legitimacy of the ERA's ratification post-deadline. This context suggests a strategic legislative maneuver by Hawaii to become a part of a national dialogue regarding gender equality and constitutional rights.