If enacted, S438 would officially affirm North Carolina's commitment to the ERA, contributing to the cumulative three-fourths state ratification requirement needed for the amendment to take effect. The passage of this bill could lead to enhanced protections against gender discrimination in both state and federal laws, impacting a wide range of policies from employment to healthcare. It aligns North Carolina with the majority of states that have supported the ERA, especially given that the amendment was ratified by three-fourths of the States as of January 27, 2020.
Summary
Senate Bill 438 (S438), titled the 'NC Adopt ERA,' aims to ratify and affirm the Equal Rights Amendment (ERA) to the United States Constitution. This bill is a significant move in recognizing gender equality under the law, stating that equality of rights shall not be denied or abridged based on sex. The decision to pursue this bill comes after recognition that North Carolina's own constitution lacks explicit provisions for equal protection against sex discrimination, reflecting a gap that advocates and legislators are seeking to address.
Sentiment
The general sentiment surrounding S438 is largely positive, with growing bipartisan support evident in recent polls showing a majority of the public in favor of the ERA. Advocates for the bill include various women's rights organizations and the general populace, reflecting a shift toward recognizing gender equality in the legal framework. However, there are pockets of opposition that argue against the necessity of such an amendment, citing existing protections under current law, indicating a moderate level of contention.
Contention
Notable points of contention include debates over the historical and legal implications of ratifying the ERA so long after its initial proposal. Some opponents argue that further legislation might be unnecessary or duplicative. Additionally, discussions arise about the potential implications for existing laws and state regulations, particularly concerning the impact on women's rights and protections in North Carolina. These discussions underscore the complexity of constitutional amendments and the urgency felt by advocates to reinforce gender equality in a formal and binding manner.
Ratifying A Proposed Amendment To The Constitution Of The United States Giving The Congress Of The United States Power To Limit, Regulate, And Prohibit The Labor Of Persons Under Eighteen Years Of Age.
Ratifying A Proposed Amendment To The Constitution Of The United States Giving The Congress Of The United States Power To Limit, Regulate, And Prohibit The Labor Of Persons Under Eighteen Years Of Age.
Clarifying that the 1972 ratification by the 62nd Texas Legislature, 2nd Called Session, of the proposed 1972 Equal Rights Amendment to the Constitution of the United States was only valid through March 22, 1979.