Assembly Joint Resolution 18 (Skinner) Equality of Rights for Men and Women

ISSUE The only right that the United States Constitution specifically affirms to be equal for women and men is the right to vote under the 19th Amendment. The ERA has been introduced in every Congress of the United States since 1923; the year 2013 marks the 90th year of the introduction of The Equal Rights Amendment (ERA) to the United States Congress. In the cases of Craig v. Boren (1976) and United States v. Virginia (1996), the United States Supreme Court declined to elevate sex discrimination claims to the strict scrutiny standard of review that the 14th Amendment requires for certain suspect classifications such as race, religion, and national origin. The 14th Amendments equal protection clause has never been interpreted to protect against sex discrimination in the same way that the Equal Rights Amendment would. Without the addition of the ERA to the United States Constitution, legislation and case law that has resulted in extraordinary progress for women has the potential to be ignored, weakened, or reversed. By a simple majority in Congress, legislation can be amended or repealed, the Administration can weakly enforce these laws, and the United States Supreme Court can continue to use intermediate scrutiny when reviewing cases concerning gender. Therefore, it is vital that we have this declaration of gender equality outlined in the United States Constitution. AJR 18 (SKINNER) This Resolution will urge the 113th Congress of the United States to pass Senate Joint Resolution No. 10, an amendment to the Constitution of the United States, to ensure that equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.

Assemblymember Nancy Skinner Staff Contact: Stephanie Puentes (916) 319-2015 or stephanie.puentes@asm.ca.gov