A joint resolution 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 28th Amendment to the Constitution of the United States, and the Archivist of the United States must certify and publish the Equal Rights Amendment as the 28th Amendment without delay.
If enacted, SJR39 would have significant implications for state laws regarding gender equality. It would provide a constitutional basis for combating sex discrimination, thereby ensuring that all individuals are treated equally under the law regardless of sex. This would empower Congress to enact more robust legislation aimed at enforcing gender equality in various spheres, including employment, education, and housing. The resolution highlights that the amendment's enforcement could enhance protections for women and marginalized genders against discrimination.
SJR39 is a joint resolution expressing the sense of Congress that the Equal Rights Amendment (ERA) has been validly ratified and is enforceable as the 28th Amendment to the United States Constitution. The resolution asserts that this amendment has met the constitutional requirements for ratification, having been approved by a two-thirds majority in both the House and Senate, and ratified by more than three-fourths of the states. The last state, Virginia, ratified the amendment on January 27, 2020. This resolution requests that the Archivist of the United States fulfill their duty to certify and publish the ERA without delay, thereby affirming its status as part of the Constitution.
There are notable points of contention regarding SJR39. Opponents of the amendment claim that the ratification process was tainted by deadlines and procedural irregularities, asserting that changes in state law have rendered the ratification process invalid. Conversely, supporters argue that the lack of a specific timeline for ratification as per Article V of the Constitution strengthens the case for the ERA's enforceability. Furthermore, the historical context surrounding the ERA's initial proposal and the substantial time elapsed since it was introduced adds to the debate about its relevance and necessity in contemporary society.