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Maryland Senate Bill SJ1

Maryland 2024 Regular Session

Maryland Senate Bill SJ1 Compare Versions

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1- WES MOORE, Governor J.R. 1
21
3-– 1 –
4-Joint Resolution 1
5-(Senate Joint Resolution 1)
62
7-A Senate Joint Resolution concerning
3+EXPLANATION:
4+ Underlining indicates amendments to bill.
5+ Strike out indicates matter stricken by amendment.
6+ *sj0001*
87
9-Affirming the Federal Equal Rights Amendment
8+SENATE JOINT RESOLUTION 1
9+P5, D5 4lr2163
10+ CF HJ 1
11+By: Senators Kelly, Beidle, Elfreth, Klausmeier, Hettleman, Guzzone, Feldman,
12+Hester, Lam, King, Smith, Gile, Waldstreicher, and Kagan Kagan, Charles,
13+Sydnor, and Ferguson
14+Introduced and read first time: January 24, 2024
15+Assigned to: Judicial Proceedings
16+Committee Report: Favorable with amendments
17+Senate action: Adopted with floor amendments
18+Read second time: February 23, 2024
1019
11-FOR the purpose of urging the Administration of President Joseph R. Biden to publish,
12-without delay, the federal Equal Rights Amendment as the Twenty –eighth
13-Amendment to the U.S. Constitution and urging the U.S. Congress to pass a joint
14-resolution affirming the Equal Rights Amendment as the Twenty –eighth
15-Amendment; and generally relating to the federal Equal Rights Amendment.
20+RESOLUTION NO. ______
1621
17- WHEREAS, In 1972, the 92nd Congress of the United States, at its second session,
18-in both houses, by a constitutional majority of two–thirds, adopted the following proposition
19-to amend the U.S. Constitution:
22+A Senate Joint Resolution concerning 1
2023
21- “JOINT RESOLUTION RESOLVED BY THE HOUSE OF REPRESENTATIVES
22-AND SENATE OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED
23-(TWO–THIRDS OF EACH HOUSE CONCURRING THEREIN), That the following article
24-is proposed as an amendment to the Constitution of the United States, which shall be valid
25-to all intents and purposes as a part of the Constitution when ratified by the legislatures
26-of three–fourths of the several States within seven years from the date of its submission by
27-the Congress:
24+Affirming the Federal Equal Rights Amendment 2
2825
29-ARTICLE ______
26+FOR the purpose of urging the Administration of President Joseph R. Biden to publish, 3
27+without delay, the federal Equal Rights Amendment as the Twenty –eighth 4
28+Amendment to the U.S. Constitution and urging the U.S. Congress to pass a joint 5
29+resolution affirming the Equal Rights Amendment as the Twenty –eighth 6
30+Amendment; and generally relating to the federal Equal Rights Amendment. 7
3031
31- Section 1. Equality of rights under the law shall not be denied or abridged by the
32-United States or by any State on account of sex.
32+ WHEREAS, In 1972, the 92nd Congress of the United States, at its second session, 8
33+in both houses, by a constitutional majority of two–thirds, adopted the following proposition 9
34+to amend the U.S. Constitution: 10
3335
34- Section 2. The Congress shall have the power to enforce, by appropriate legislation,
35-the provisions of this article.
36+ “JOINT RESOLUTION RESOLVED BY THE HOUS E OF REPRESENTATIVES 11
37+AND SENATE OF THE UNITED STATES OF AMERICA IN CONGRESS ASSEMBLED 12
38+(TWO–THIRDS OF EACH HOUSE CONCURRING THEREIN), That the following article 13
39+is proposed as an amendment to the Constitution of the United States, which shall be valid 14
40+to all intents and purposes as a part of the Constitution when ratified by the legislatures 15
41+of three–fourths of the several States within seven years from the date of its submission by 16
42+the Congress: 17
3643
37- Section 3. This amendment shall take effect two years after the date of ratification.”;
38-and
44+ARTICLE ______ 18
3945
40- WHEREAS, Article V of the U.S. Constitution provides a two–step procedure for the
41-adoption of an amendment; and
46+ Section 1. Equality of rights under the law shall not be denied or abridged by the 19
47+United States or by any State on account of sex. 20
48+ 2 SENATE JOINT RESOLUTION 1
4249
43- WHEREAS, The first requirement for the adoption of an amendment under Article
44-V is the proposal of an amendment either by a two–thirds vote of both houses of Congress,
45-or by a convention called by application of two–thirds of the states; and
4650
47- WHEREAS, The second requiremen t for the adoption of an amendment under
48-Article V is ratification of an amendment by three–fourths of the states; and
49- J.R. 1 2024 LAWS OF MARYLAND
51+ Section 2. The Congress shall have the power to enforce, by appropriate legislation, 1
52+the provisions of this article. 2
5053
51-– 2 –
52- WHEREAS, The U.S. Constitution does not limit the time for states to ratify an
53-amendment and does not grant Congress the authority to unilaterally limit the time by
54-which an amendment may be ratified; and
54+ Section 3. This amendment shall take effect two years after the date of ratification.”; 3
55+and 4
5556
56- WHEREAS, A time limitation for the ratification of amendments by the states would
57-be a substantive change to the U.S. Constitution; and
57+ WHEREAS, Article V of the U.S. Constitution provides a two–step procedure for the 5
58+adoption of an amendment; and 6
5859
59- WHEREAS, To have full force and effect, a subs tantive change to the U.S.
60-Constitution must be within the text of an amendment so that it may be ratified by the
61-states as part of the requirements of Article V; and
60+ WHEREAS, The first requirement for the adoption of an amendment under Article 7
61+V is the proposal of an amendment either by a two–thirds vote of both houses of Congress, 8
62+or by a convention called by application of two–thirds of the states; and 9
6263
63- WHEREAS, The time limitation on state ratifications was in the preamble section of
64-the resolution by Congress and not within the text of the amendment presented to states
65-for state approval; and
64+ WHEREAS, The second requirement for the adoption of an amendment under 10
65+Article V is ratification of an amendment by three–fourths of the states; and 11
6666
67- WHEREAS, Because of the placement of the time limitation, the states ratified the
68-text of the Equal Rights Amendment but did not ratify the time limit by Congress; and
67+ WHEREAS, The U.S. Constitution does not limit the time for states to ratify an 12
68+amendment and does not grant Congress the authority to unilaterally limit the time by 13
69+which an amendment may be ratified; and 14
6970
70- WHEREAS, A time limit was approved in the Equal Rights Amendment by Congress
71-in 1972, but has not been subsequently approved by the states and thus is without force or
72-effect; and
71+ WHEREAS, A time limitation for the ratification of amendments by the states would 15
72+be a substantive change to the U.S. Constitution; and 16
7373
74- WHEREAS, In comparison, in 1978, Congress passed the District of Columbia
75-Voting Rights Amendment, which included a time limitation within the text of the
76-Amendment offered to the states for ratification; and
74+ WHEREAS, To have full force and effect, a substantive change to the U.S. 17
75+Constitution must be within the text of an amendment so that it may be ratified by the 18
76+states as part of the requirements of Article V; and 19
7777
78- WHEREAS, The time limitation for the District of Columbia Voting Rights
79-Amendment ended before ratification of the amendment by three–fourths of the states; and
78+ WHEREAS, The time limitation on state ratifications was in the preamble section of 20
79+the resolution by Congress and not within the text of the amendment presented to states 21
80+for state approval; and 22
8081
81- WHEREAS, Because the time limit was within the text of the District of Columbia
82-Voting Rights Amendment, the time limit had full force and effect and the amendment
83-expired in 1985; and
82+ WHEREAS, Because of the placement of the time limitation, the states ratified the 23
83+text of the Equal Rights Amendment but did not ratify the time limit by Congress; and 24
8484
85- WHEREAS, In comparison, the Twenty–first Amendment and the Twenty–second
86-Amendment include time limitations within the text of each amendment, and the timelines
87-were ratified by three–fourths of the states in accordance with the text of the amendments;
88-and
85+ WHEREAS, A time limit was approved in the Equal Rights Amendment by Congress 25
86+in 1972, but has not been subsequently approved by the states and thus is without force or 26
87+effect; and 27
8988
90- WHEREAS, In 1789, the First Congress proposed, in accordance with Article V, the
91-Madison Amendment relating to compensation of members of Congress; and
89+ WHEREAS, In comparison, in 1978, Congress passed the District of Columbia 28
90+Voting Rights Amendment, which included a time limitation within the text of the 29
91+Amendment offered to the states for ratification; and 30
9292
93- WHEREAS, Over 202 years later, the Madison Amendment was ratified by
94-three–fourths of the states; and
93+ WHEREAS, The time limitation for the District of Columbia Voting Rights 31
94+Amendment ended before ratification of the amendment by three–fourths of the states; and 32
95+ SENATE JOINT RESOLUTION 1 3
9596
96- WHEREAS, In 1992, having finally met the requirements of Article V, the Madison
97-Amendment was published as the 27th Amendment to the U.S. Constitution by the WES MOORE, Governor J.R. 1
9897
99-– 3 –
100-Archivist of the United States during the Administration of President George H.W. Bush;
101-and
98+ WHEREAS, Because the time limit was within the text of the District of Columbia 1
99+Voting Rights Amendment, the time limit had full force and effect and the amendment 2
100+expired in 1985; and 3
102101
103- WHEREAS, Following publication of the Madison Amendment by the Archivist of
104-the United States, Congress affirmed the Madison Amendment as the Twenty–seventh
105-Amendment to the U.S. Constitution; and
102+ WHEREAS, In comparison, the Twenty–first Amendment and the Twenty–second 4
103+Amendment include time limitations within the text of each amendment, and the timelines 5
104+were ratified by three–fourths of the states in accordance with the text of the amendments; 6
105+and 7
106106
107- WHEREAS, As of January 27, 2020, three–fourths of the states have ratified the
108-Equal Rights Amendment; and
107+ WHEREAS, In 1789, the First Congress proposed, in accordance with Article V, the 8
108+Madison Amendment relating to compensation of members of Congress; and 9
109109
110- WHEREAS, Unlike the District of Columbia Voting Rights Amendment, the Equal
111-Rights Amendment does not contain a time limit in its text where it would be of full force
112-and effect; and
110+ WHEREAS, Over 202 years later, the Madison Amendment was ratified by 10
111+three–fourths of the states; and 11
113112
114- WHEREAS, In contrast to the Madison Amendment, which took 203 years to ratify,
115-the Equal Rights Amendment took only 48 years to ratify; and
113+ WHEREAS, In 1992, having finally met the requirements of Article V, the Madison 12
114+Amendment was published as the 27th Amendment to the U.S. Constitution by the 13
115+Archivist of the United States during the Administration of President George H.W. Bush; 14
116+and 15
116117
117- WHEREAS, The text of Article V of the U.S. Constitution grants the states the power
118-of ratification, not rescission; and
118+ WHEREAS, Following publication of the Madison Amendment by the Archivist of 16
119+the United States, Congress affirmed the Madison Amendment as the Twenty–seventh 17
120+Amendment to the U.S. Constitution; and 18
119121
120- WHEREAS, Samuel Johnson’s dictionary of 1755 defines “ratify” as “to confirm; to
121-settle”; and
122+ WHEREAS, As of January 27, 2020, three–fourths of the states have ratified the 19
123+Equal Rights Amendment; and 20
122124
123- WHEREAS, Bouvier’s Law Dictionary of 1856, considered to be the first American
124-legal dictionary, states that a ratification once done, “cannot be revoked or recalled”; and
125+ WHEREAS, Unlike the District of Columbia Voting Rights Amendment, the Equal 21
126+Rights Amendment does not contain a time limit in its text where it would be of full force 22
127+and effect; and 23
125128
126- WHEREAS, James Madison wrote in a July 20, 1788, letter to Alexander Hamilton
127-that ratification is “in toto and for ever”; and
129+ WHEREAS, In contrast to the Madison Amendment, which took 203 years to ratify, 24
130+the Equal Rights Amendment took only 48 years to ratify; and 25
128131
129- WHEREAS, Various attempts to rescind ratifications of provisions of the U.S.
130-Constitution or its amendments, including the Fourteenth, Fifteenth, and Nineteenth
131-Amendments, have never been honored; and
132+ WHEREAS, The text of Article V of the U.S. Constitution grants the states the power 26
133+of ratification, not rescission; and 27
132134
133- WHEREAS, The General Assembly of Maryland set a precedent for this resolution
134-in 1961 by passing House Joint Resolution 14 urging Congress to pass the Equal Rights
135-Amendment; and
135+ WHEREAS, Samue l Johnson’s dictionary of 1755 defines “ratify” as “to confirm; to 28
136+settle”; and 29
136137
137- WHEREAS, Maryland was one of the early states to ratify the Equal Rights
138-Amendment in May 1972, two months after Congress proposed it for ratification; and
138+ WHEREAS, Bouvier’s Law Dictionary of 1856, considered to be the first American 30
139+legal dictionary, states that a ratification once done, “cannot be revoked or recalled”; and 31
139140
140- WHEREAS, Maryland adopted the Maryland Equal Rights Amendment to the
141-Maryland Constitution in 1972; and
141+ WHEREAS, James Madison wrote in a July 20, 1788, letter to Alexander Hamilton 32
142+that ratification is “in toto and for ever”; and 33
143+ 4 SENATE JOINT RESOLUTION 1
142144
143- WHEREAS, The Maryland Equal Rights Amendment is only effective to the degree
144-that it does not conflict with federal law; and
145- J.R. 1 2024 LAWS OF MARYLAND
146145
147-– 4 –
148- WHEREAS, The Maryland Attorney General filed an amicus brief in 2022 in support
149-of a lawsuit brought by three ratifying states to require the Archivist of the United States
150-to certify and publish the Equal Rights Amendment as an amendment to the U.S.
151-Constitution; and
146+ WHEREAS, Various attempts to rescind ratifications of provisions of the U.S. 1
147+Constitution or its amendments, including the Fourteenth, Fifteenth, and Nineteenth 2
148+Amendments, have never been honored; and 3
152149
153- WHEREAS, Over several decades, the General Assembly of Maryland has passed
154-laws and created protections attempting to guarantee equal rights under the law for all
155-Marylanders, regardless of race, color, ethnicity, national origin, age, disability, creed,
156-religion, or sex – which includes legal equality and protection from discrimination on the
157-basis of sexual orientation, gender identity, gender expression, pregnancy, pregnancy
158-outcomes, and decisions regarding reproductive healthcare or other aspects of an
159-individual’s bodily autonomy; now, therefore, be it
150+ WHEREAS, The General Assembly of Maryland set a precedent for this resolution 4
151+in 1961 by passing House Joint Resolution 14 urging Congress to pass the Equal Rights 5
152+Amendment; and 6
160153
161- RESOLVED BY THE GENERAL ASSEMBLY OF MARYLAND, That it is the
162-opinion of the General Assembly of Maryland that the Equal Rights Amendment meets the
163-requirements of Article V of the U.S. Constitution and should be recognized as the 28th
164-Amendment; and be it further
154+ WHEREAS, Maryland was one of the early states to ratify the Equal Rights 7
155+Amendment in May 1972, two months after Congress proposed it for ratification; and 8
165156
166- RESOLVED, That the General Assembly of Maryland urges the Administration of
167-President Joseph R. Biden to publish, without delay, the Equal Rights Amendment as the
168-28th Amendment to the U.S. Constitution; and be it further
157+ WHEREAS, Maryland adopted the Maryland Equal Rights Amendment to the 9
158+Maryland Constitution in 1972; and 10
169159
170- RESOLVED, That the General Assembly of Maryland urges the Congress of the
171-United States to pass a joint resolution affirming the Equal Rights Amendment as the 28th
172-Amendment to the U.S. Constitution; and be it further
160+ WHEREAS, The Maryland Equal Rights Amendment is only effective to the degree 11
161+that it does not conflict with federal law; and 12
173162
174- RESOLVED, That the General Assembly of Maryland calls on other states to join in
175-this action by passing similar resolutions; and be it further
163+ WHEREAS, The Maryland Attorney General filed an amicus brief in 2022 in support 13
164+of a lawsuit brought by three ratifying states to require the Archivist of the United States 14
165+to certify and publish the Equal Rights Amendment as an amendment to the U.S. 15
166+Constitution; and 16
176167
177- RESOLVED, That a copy of this Resolution be forwarded by the Department of
178-Legislative Services to the Honorable Joseph R. Biden, President of the United States of
179-America, 1600 Pennsylvania Avenue NW, Washington, D.C. 20500; the Honorable Kamala
180-Harris, Vice President of the United States, President of the United States Senate, Senate
181-Office Building, Washington, D.C. 20510; the Honorable Colleen Joy Shogan, Archivist of
182-the United States, National Archives and Records Administration, 700 Pennsylvania
183-Avenue NW, Washington, D.C. 20408; the Maryland Congressional Delegation; and the
184-presiding officer of each House of the legislature of each state of the United States, with
185-the request that it be circulated among leadership of the legislative branch of the state
186-governments.
168+ WHEREAS, Over several decades, the General Assembly of Maryland has passed 17
169+laws and created protections attempting to guarantee equal rights under the law for all 18
170+Marylanders, regardless of race, color, ethnicity, national origin, age, disability, creed, 19
171+religion, or sex – which includes legal equality and protection from discrimination on the 20
172+basis of sexual orientation, gender identity, gender expression, pregnancy, pregnancy 21
173+outcomes, and decisions regarding reproductive healthcare or other aspects of an 22
174+individual’s bodily autonomy; now, therefore, be it 23
187175
188-Signed by the President, the Speaker, and the Governor, May 9, 2024.
176+ RESOLVED BY T HE GENERAL ASSEMBLY OF MARYLAND, That it is the 24
177+opinion of the General Assembly of Maryland that the Equal Rights Amendment meets the 25
178+requirements of Article V of the U.S. Constitution and should be recognized as the 28th 26
179+Amendment; and be it further 27
180+
181+ RESOLVED, That the General Assembly of Maryland urges the Administration of 28
182+President Joseph R. Biden to publish, without delay, the Equal Rights Amendment as the 29
183+28th Amendment to the U.S. Constitution; and be it further 30
184+
185+ RESOLVED, That the General Assembl y of Maryland urges the Congress of the 31
186+United States to pass a joint resolution affirming the Equal Rights Amendment as the 28th 32
187+Amendment to the U.S. Constitution; and be it further 33
188+
189+ RESOLVED, That the General Assembly of Maryland calls on other states to join in 34
190+this action by passing similar resolutions; and be it further 35
191+ SENATE JOINT RESOLUTION 1 5
192+
193+
194+ RESOLVED, That a copy of this Resolution be forwarded by the Department of 1
195+Legislative Services to the Honorable Joseph R. Biden, President of the United States of 2
196+America, 1600 Pennsylvania Avenue NW, Washington, D.C. 20500; the Honorable Kamala 3
197+Harris, Vice President of the United States, President of the United States Senate, Senate 4
198+Office Building, Washington, D.C. 20510; the Honorable Colleen Joy Shogan, Archivist of 5
199+the United States, National Archives and Records Administration, 700 Pennsylvania 6
200+Avenue NW, Washington, D.C. 20408; the Maryland Congressional Delegation; and the 7
201+presiding officer of each House of the legislature of each state of the United States, with 8
202+the request that it be circulated among leadership of the legislative branch of the state 9
203+governments. 10
204+
205+
206+
207+
208+Approved:
209+________________________________________________________________________________
210+ President of the Senate.
211+________________________________________________________________________________
212+ Speaker of the House of Delegates.