Us Congress House Bill HJR82

Us Congress 2023-2024 Regular Session

• Introduced: 7/14/23
• Refer: 7/14/23

Caption

Expressing the sense of Congress that the article of amendment commonly known as the "Equal Rights Amendment" has been validly ratified and is enforceable as the Twenty-Eighth Amendment to the United States Constitution, and the Archivist of the United States must certify and publish the Equal Rights Amendment as the Twenty-Eighth Amendment without delay.

Impact

The passage of HJR82 would solidify the ERA's status in U.S. law, providing a constitutional basis for fighting against sex discrimination and empowering Congress to enact legislation that protects gender equality. Such a change could have far-reaching implications for how sex-based discrimination cases are adjudicated in the courts, as the ERA would provide explicit constitutional protection against such discrimination. It also reaffirms the commitment of Congress to gender equality at a time when discussions surrounding women's rights and protections are particularly relevant.

Summary

HJR82 expresses the sense of Congress that the Equal Rights Amendment (ERA), which prohibits sex-based discrimination, has been validly ratified and is enforceable as the Twenty-Eighth Amendment to the United States Constitution. The joint resolution calls for the Archivist of the United States to certify and publish the ERA as part of the Constitution without delay. This legislative move comes in light of the recent ratification of the ERA by Virginia on January 27, 2020, which proponents argue fulfills the necessary requirements outlined in Article V of the Constitution for an amendment to become law.

Contention

While supporters of HJR82 tout the benefits of finally solidifying the ERA into law, there are notable points of contention. Critics argue that the timeline of ratification and the legal interpretation of state actions—specifically concerning rescissions—could raise complex constitutional challenges. There is also a push from some state legislatures and groups against the recognition of the ERA due to beliefs that it may have unintended consequences on existing laws related to women and family rights. Thus, the resolution could evoke further debate on the implications of amending the Constitution to explicitly include gender equality.