Equal Rights Amendment North Carolina Alliance

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Audrey Muck

ERA Lawsuits

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ERA-NC Alliance, along with 52 other prominent women’s and social justice organizations, filed an amicus brief on July 1 in the lawsuit Virginia, Illinois and Nevada v. David S. Ferriero. The suit seeks to compel Ferriero, as the National Archivist, to publish the Equal Rights Amendment, making it the 28th Amendment to the U.S. Constitution.

When Virginia ratified the ERA in January, it became the 38th and final state needed to add the amendment to the Constitution. Nevada ratified in 2017 and Illinois followed in 2018.

Ferriero refused to accept Virginia’s ratification and failed to publish the 28th Amendment. In contrast, he did accept Nevada and Illinois’ ratifications, though they, too, were outside the 1982 time limit.

“I debated the Equal Rights Amendment in 1971 in my senior high school English class,” said Lori Bunton, ERA-NC Alliance co-president. “And here I am, 49-plus years later, helping to lead an organization whose primary goal is to ratify the ERA in North Carolina. I am excited to sign on to the landmark amicus briefs.”

“I’m old enough to remember when Louisiana women were barred from serving on juries; when I could not get credit in my own name; when my mother was not even considered for a promotion, which, of course, went to a less experienced man,” said Roberta Madden, Alliance co-founder and board member. “Some of these outrages have been fixed, but too many have not. This amicus brief is a treasure trove of our history and makes a strong argument to provide women the constitutional protection we must have.”

A host of organizations, businesses and equality groups have filed briefs supporting the suit. Along with the Alliance, other nationally known women’s equality groups include the Alice Paul Institute, the Association of American University Women, the ERA Coalition, the League of Women Voters, TIME’S UP Foundation, the Feminist Majority Foundation, National Congress of Black Women, National Council of Jewish Women, National Organization for Women (NOW), National Federation of Business and Professional Women’s Clubs, Women’s Media Center and Voto Latino.

“A single unelected official cannot be allowed to stand in the way of an amendment that has been fully ratified in accordance with the Constitution,” Illinois Attorney General Kwame Raoul said. “Equal rights are not contingent upon a person’s gender or sex, and it is past time that women across the country have the constitutional equality to which they are entitled.”

Constitutional law scholars, the U.S. Conference of Mayors, 18 states, the governor of Kansas, the mayor of Washington, D.C., and the youth-centered equality group GenERAtion Ratify have joined briefs.

Amicus briefs have also been filed on behalf of more than 100 businesses and corporations, such as Apple, Advance Publications, Estee Lauder, Biogen, Goldman Sachs, Sports Business Journal, the National Football League and the United States Soccer Federation.

Flowchart of lawsuit process and timeline. Click for larger image.

State and other Amicus Briefs:

Business and Corporate Entities

Chemerinsky, Feldman, Siegel, Suk

Equality Now and International Organizations

Generation Ratify

New York and Other States

Plantiff States Memorandum

Southern Legal Counsel

VA Ratify and Other State Organizations

Dads for Equality Action Alert!

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Here’s an action for Father’s Day! Download a postcard (or all four!) and share with all the Dads you know … and make the calls yourself to Senators Burr, Tillis and McConnell.

Dads for Equality 4 Dads for Equality 1
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Dads for Equality 1 Dads for Equality 4
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The contact information:

Sen. Thom Tillis
113 Dirksen Senate Office Building
Washington DC 20510
(202) 224-6342
www.tillis.senate.gov/public/index.cfm/email-me

Sen. Richard Burr
217 Russell Senate Office Building
Washington, DC 20510
(202) 224-3154 or (800) 685-8916
www.burr.senate.gov/contact

Sen. Mitch McConnell
317 Russell Senate Office Building
Washington, D.C. 20510
(202) 224-2541

ERA-NC Alliance condemns racial injustice

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ERA-NC Alliance condemns racial injustice, pledges to fight for equality for all

We want to say loud and clear that Black Lives Matter. Now more than ever this statement cannot be ignored. The ERA-NC Alliance stands with our Black sisters and brothers in denouncing the brutality and oppression that far too many have endured. The recent events have shown that not acknowledging and glossing over systemic racism has created a perfect storm of incidents where Black lives have been lost, only to end with little to no justice.

Throughout our country’s history, racism and sexism have gone hand in hand. Some of the most vocal abolitionists were women who saw the parallels in their fight against slavery with the lack of their own rights. As the civil rights movement erupted in the 60s, so did the Second Wave women’s movement’s fight for equality. Racism and sexism are so deeply embedded in our culture that we are unaware of them until a spark ignites a flame of anger and protest.

Every parent of a Black child in this country has reason to fear for their children’s lives. The #SayHerName campaign has highlighted Black girls as young as 7 and Black women as old as 93 who have been killed by the police.

Board member Jillian Riley at a recent Black Lives Matter protest in GreensboroBlack women have been the backbone of the women’s movement, despite the frustrations expressed by many that their issues have not been in the forefront of concern.

The women’s movement has been passive and complicit for far too long, and we intend to be on the right side of history. We must fight for equality for all Americans if we are to truly achieve equality for all women. For all to be free, the fight against racism and sexism must be interconnected. Our nation is not a democracy until ALL of our citizens are treated equally in the eyes of the law. Regardless of our race, our ethnicity, our gender, our religion or our sexuality, every one of us should have the same rights and laws protecting us as do those who seek to govern us.

The ERA-NC Alliance condemns ALL forms of racism and injustice. We pledge to be inclusive in the fight for equality for all marginalized communities. We stand together in this fight.

Please join the national ERA Coalition’s virtual Town Hall on the Equal Rights Amendment and its impact on girls and women of color at 5 p.m. Eastern, Thursday, June 18. You can register HERE.

Lori Bunton
Co-president, ERA-NC Alliance
and
The Executive Council, ERA-NC Alliance

Virginia’s Ratification Celebration

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International Women’s Day was March 8 and we hope everyone celebrated. VAratifyERA chose this date to celebrate their amazing victory as the 38th state to ratify the Equal Rights Amendment! Women and men from across Virginia, and from states as far away as AZ and as close as NC, came to spend a sunny afternoon in Virginia’s capitol city, Richmond. The celebration told the world that equality for women has no time limit! ERA-NC Alliance was represented by 3 Board members: Lori Bunton, Co-President, Virginia Adamson, Parliamentarian and Judy Lotas, Board Member. President Jane Terwilliger of AAUW NC, one of our Lead organizations, also attended. The celebration began with speeches from dignitaries in Monroe Park and then everyone marched to the state capitol building led by a local drum corps on a 1.3 mile walk through downtown Richmond’s streets. The attendees climbed the steps of the Capitol for a symbolic photo op before heading back to Monroe Park.

NC is focused on becoming the 39th state to ratify as we continue to work with our legislators. Stay tuned for more information in the weeks ahead!

History Made!

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Work continues as U.S. Constitution comes into sight

March 2020 might be the happiest month for women’s equality in, literally, a century. We’ve finally done it, y’all. We’ve ratified the Equal Rights Amendment. Stop. Take a breath. And think about that sentence again.

We. Have. Ratified. The. Equal. Rights. Amendment.

It’s stunning. But it is true. It has happened. Here’s the simple text that will change our lives:

Equality of rights under the law shall not be denied or abridged
by the United States or by any State
on account of sex.

Just in time for March’s Women’s History Month and for International Women’s Day on March 8, a global day celebrating women’s achievements. Let’s put on our dancing shoes and toast ourselves. Virginia is having a celebration in Richmond and we’re all invited. And if you can’t make it, I urge you to take the time to high-five your sisters in North Carolina and nationwide.

For those who don’t follow the ERA’s every twist and turn, it may seem as though the recent successes were a moment of spontaneous combustion. They are not. The ERA has not made the front page in decades — or the back page, for that matter — but has NEVER been dormant. Advocates have worked tirelessly for the last 100 years to bring equality to every one in America. Women from the 1920s, such as Alice Paul, handed off the baton to the generation who pushed Congress to pass the ERA in 1972, such as Eleanor Smeal and our own immediate past president Robbie Madden. Those women have never, ever stopped. North Carolina Rep. Carla Cunningham, Sen. Floyd B. McKissick, Jr., and Sen. Terry van Duyn have been on the front lines in our own General Assembly. And a new generation of men and women, such as Nevada’s Pat Spearman, Illinois Republican Steve Andersson and Virginia’s Katie Hornung have pushed ratification over the finish line. It’s been a single continuous river of mostly sisters, dating to Abigail Adams, nearly 300 years of ceaseless effort by thousands and thousands, to give all women the same rights as our brothers. Not more. And not less.

Let me catch you up, in case your attention has been elsewhere. Fair warning: Your head may start to spin.

VIRGINIA BECOMES THE 38TH AND FINAL TO RATIFY
The Commonwealth of Virginia in November elected a swell of pro-ERA legislators. In January, the Virginia House and Senate made ratifying the Equal Rights Amendment the first order of business. Virginia’s ratification joined Nevada’s (2017) and Illinois’ (2018) as the final three needed to ratify. Remember, we had 35 states ratify by 1982, but we needed exactly 38. After a couple of decades’ delay, we’ve arrived!

US House Lifts Time Limit on ERAU.S. HOUSE LIFTS TIME LIMIT
On a separate path, last week the U.S. House voted to lift the arbitrary time limit set by Congress.
In February, our own Attorney General Josh Stein joined a number of other state attorneys general in a letter calling for a floor vote to lift the time limit. Our advocates in Congress, such as Rep. Carolyn Maloney, spent years and years fighting to lift the deadline, filing bill after bill, only to see them lie dormant and dusty in committee. It was a moving, historic moment, with beautiful speeches from our advocates, including House Speaker Nancy Pelosi, with most of our supportive women lawmakers dressed in historic purple.

So now what?

NORTH CAROLINA CONTINUES BATTLE FOR 39TH
Several actions are traveling along separate paths, all headed to the same final destination. The ERA-NC Alliance members are continuing to fight for North Carolina to ratify. Our lawmakers, working closely with us, plan to file new ratification bills in April or May at the beginning of the General Assembly’s short session. We want a big turnout so we’ll keep everyone posted when a day is set. We believe our beloved state should be 39th to ratify, not 49th, as we were with women’s right to vote.

U.S. SENATE MUST LIFT TIME LIMIT
Our second major action is for advocates in the U.S. Senate to successfully lift the arbitrary time limit. That means we need the Senate to pass Senate Joint Resolution 6. We need every advocate to contact our senators, Richard Burr and Thom Tillis, as well as Sen. Mitch McConnell, and ask them to bring the resolution to the Senate floor and vote yes. See our call to action for how-tos.

ACTIONS AGAINST THE NATIONAL ARCHIVIST
And, finally, there’s nothing like changing the Constitution to bring the lawyers out of the woodwork.

Under the normal process for any Constitutional amendment, once the necessary number of states ratify, the National Archivist, currently David Ferriero, certifies the ratification, puts it in the U.S. Constitution, end of story. But for the ERA, opponents have decided to use that arbitrary time limit as a sticking point.

In December, attorneys general from Alabama, Louisiana and South Dakota have filed a lawsuit against the National Archives, saying, he must not certify the ERA due to the time limit and state rescission. (“Rescissions” refers to the states that say they want to “unratify” their ratifications.) The Justice Department last fall sent an opinion to Ferriero that the ERA could not be adopted because the time limit expired.

In January, Equal Means Equal and others filed their own lawsuit against the archivist, saying the rescissions are not valid, and calling on Ferriero to record all state ratifications, dismissing a non-enforceable time limit. Later in January, the attorneys general of Illinois, Nevada and Virginia sued the archivist to execute his statutory duties and certify the ERA as part of the U.S. Constitution.

And, last week, the attorneys general of Alabama, Louisiana, Nebraska, South Dakota and Tennessee waded in with a motion to intervene in the lawsuit filed by the Illinois, Nevada and Virginia Attorneys General, asking to be added as intervening defendants in the case against the Archivist.

Our national counterpart, ERA Coalition, along with multiple attorneys general and advocates nationwide continue to advocate amidst the various lawsuits to see that the certification of the ERA prevails.

Is it over now? Not yet. The wheels of democracy can turn slowly. Very slowly. But they do turn. And we will keep turning them until every person in America, no matter the sex, has equal rights under the law.

Teri Walley
Vice President, Communications
ERA-NC Alliance

Congressional District Action Network

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New NC Congressional Districts as of 2/2020
Click here to view a larger PDF version.

The ERA ratification bills will be re-introduced in the NC General Assembly in 2021, and we want to be sure there’s a network in place to activate a rapid response effort to help us get the word out about any state or federal level movement.

We’re creating this action network to connect individual activists on the county level to leaders at the Congressional District level, and from there to our state leadership.

You can find out what district(s) you’re in – both federal and state – on the NC General Assembly website.

As a member of the network, you’ll contact your representatives to encourage and remind them to sign on to the bills as co-sponsors, and spread the word to other ERA activists in your county. You’ll identify other organizations you can work with in coalition, and take direct action, which could include marches, vigils, celebrations, festivals, art, film, social media campaigns, interviews, petitions, phone banking, letter writing, proclamations, and resolutions.

As a Congressional District leader, you’ll be at the intersection of state and local action. Some of the things you would do include identifying county contact persons for each county in your Congressional District, network with chapters of Lead and Member organizations in your district to assist in establishing action teams and county contacts, distribute information from the state Action Network Chair, and provide resources and coaching to the county activists on direct actions. More information is on the position description statement.

We need Congressional District leaders for districts 1, 5, 6, 8, 9, 10 and 13. Here’s a breakout of the counties in each district – those counties in green are split, but they’re marked in bold in the districts where they have a larger geographic area. Those in red are fairly evenly split between the two districts.

Learn more about the ERA, it’s history and the path to ratification, visit our Resources page.

To get the ball rolling in your county or Congressional District, you can fill out this form:

County Contact Campaign

Join our Leadership Team

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As a part of Board development, the ERA-NC Alliance is always open to receiving applications of interest from those who wish to be considered to fill open positions and unexpired terms.

To be considered you need to be a member in good standing (completed the required membership forms/process and be current with dues, etc.) per our Bylaws. You may also wish to review the 2023 Election Process page.

If you are interested in having your application submitted to the Board Development pool, please review the bylaws which include our mission statement and complete the application form below; you may also Application of Interest in Position and email it in. Please feel free to elaborate on your answers in Section 2. A resume and references may accompany the application, but are not necessary.

Currently, ERA-NC has the following positions open:

  • Board Director

 

ERA-NC Alliance Leadership Application

Section 1
Contact Information

Section 2
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Thank you so much for your membership with the Alliance. We are only as strong as the number of people willing to speak up and advocate for equal rights. 2024 will build on the momentum we have been building for the Equal Rights Amendment. We need significant energy and commitment to make the ERA a reality!

 

Action Alert US Senate

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CALL TO ACTION

On February 13, 2020, the U.S. House of Representatives passed HR 79 to remove the arbitrary time limit for ratification of the Equal Rights Amendment.

Now the battle moves to the Senate. And NOW is the time for you to phone, write, message, and text N.C. Senators Tillis and Burr with this clear, simple message:

Dear Sen. _____:

“Please vote ‘yes’ to remove the deadline to ratify the Equal Rights Amendment by passing SJR 6. As your constituent, I strongly support equal rights for all and appreciate your voting ‘yes’ to drop the time limit.  Thank you so much!!”

Contact information:

Senator Thom Tillis
113 Dirksen Senate Office Building
Washington DC 20510
Phone Number: (202) 224-6342
Contact form for comments: www.tillis.senate.gov/public/index.cfm/email-me

Senator Richard Burr
217 Russell Senate Office Building
Washington, DC 20510
Phone Numbers: (202) 224-3154 or (800)685-8916
Contact form for comments: www.burr.senate.gov/contact/email

Virginia Ratifies the ERA!

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Photos of the final vote tally in the Virginia legislature as both chambers voted to ratify the ERAOn January 27th, 2020, both the chambers of the Virginia state legislature voted “yes” on House Joint Resolution 1 (by a vote of 58-40) and its sister bill, SJ1 (by a vote of 27-12), formally ratifying the ERA.

And with that, we’ve reached the Constitution’s required three-quarters of the states ratifying the amendment for certification.

The ERA declares simply: “Equality of rights under the law shall not be denied or abridged by the United States, or by any state, on account of sex.”

A collection of statements on the ratification:

Jessica Neuwirth and Carol Jenkins, co-presidents of the national ERA Coalition told CNN Politics: “We are finally within reach of true equality for girls and women in the United States, thanks to the voters of Virginia and supporters across the country.”

Eleanor Smeal, president of the Feminist Majority and former president of the National Organization for Women writes, “At last! At last!” She says, “I have had the privilege of being one of the leaders in the ERA fight for nearly 50 years. I always knew this day would come. It has never been a question of if, but only a question of when the ERA would be ratified. The fight for the ERA has been long because we’ve had a powerful entrenched opposition who has wanted to preserve the old order of women being forced to work twice as hard for half as much and paying more for less. But this time of taking advantage of women and their families is coming to an end.”

From Toni Van Pelt, president of the National Organization for women: “Today’s crossover vote makes Virginia officially the 38th state needed to ratify the ERA—passing the three-fourths of the states threshold the U.S. Constitution requires for final adoption of an amendment.  However, obstacles to certification remain, including an artificial timeline imposed in the preamble to the ERA in 1972. While the timeline removal bill making its way through Congress is not necessary—legal analysts have asserted that Article V of the Constitution does not permit the imposition of deadlines on the ratification process—it would provide extra insurance as the ERA certification process goes forward. NOW calls on Congress to act on S.J.Res.6 and correct the Constitution’s most glaring omission.  It is simply never too late for equality.”

Equal Means Equal film director, Kamala Lopez, wrote: “This moment has been a long time coming, but finally the United States can emerge from the shame and shadow of its historic discrimination against women and girls and join the 21st century by providing all Americans with equal rights and protections under our Constitution regardless of sex.”

Now the focus turns to the lawsuit filed by Equal Means Equal January 8th in U.S. District Court in Boston to prevent a government official from blocking efforts to ratify the Equal Rights Amendment, arguing that the Congressionally imposed ERA ratification deadline is unconstitutional.

In addition to this lawsuit, the ERA-NC Alliance will keep the drumbeat going for the ERA. That means we will continue to work for state ratification – and here in North Carolina we’re determined to be the 39th state to ratify the ERA. With each additional state ratification, we will show that it is the will of the American people to see women equally protected under the United States Constitution.

On the federal level, we are working to lift that pesky deadline by Congressional action, and during the week of Feb. 10th the U.S. House will take up the bill (HJ79) to eliminate the time limit on the amendment. The U.S. Senate has a sister bill (SJ6), which is a bi-partisan bill with 41 co-sponsors.

We invite you to join the ERA-NC Alliance and to volunteer your time and yes – your dollars! – to help us make North Carolina the next state to ratify. We will win!!!

Responses to Arguments Against the Equal Rights Amendment

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Abortion:  

  • “ERA has nothing to do with abortion” and “pro-life and ERA “do not conflict” (Rep. Steve Andersson of Illinois, a Republican, practicing attorney, and lead ERA supporter)
  • Ratifying a federal ERA will not change state law at all; so, it will not lead to any change in state laws relating to abortion. (Winston & Strawn LLP law firm)
  • “Over 300 pro-life laws passed in the last 8 years – most in states that voted for ERA” (Rep. Jill Tolles of Nevada, pro-life Republican who spoke in support of the ERA ratification)

Fear of Losing Rights for Women:

  • “I surveyed the past 45 years after 41 states had some form of ERA. Many of the fearful consequences have not nor will they occur.” (Rep. Jill Tolles)
  • Issues presented by conservative family coalitions around transgender and same sex bathrooms are not connected to the ERA. Rep. Steve Andersson states “none of which would happen under ERA and I can prove it to you.”
  • The government would still be able to draw a distinction based on sex if it passes “strict scrutiny”. Most of the laws we think of as benefiting women like social security regulations, estate laws, laws requiring child and spousal support are actually already sex-neutral. (Winston & Strawn)

Women already have enough protections

  • The 14th Amendment and the 5th Amendment do not apply to sex in the same way they apply to race or national origin. The result is that sex discrimination is viewed less strictly than other discriminatory acts (Winston & Strawn)
  • The US Constitution does not guarantee equal rights for women. The late Justice Scalia has stated, “Certainly the Constitution does not require discrimination on the basis of sex. The only question is whether it prohibits it. It doesn’t.”

Republican Voices

Jill Tolles: Her vote for the ERA was made out of “gratitude and respect for countless others who fought for women to have an equal voice and equal value and for my daughters and the generations to come.”

 

Rep. Jim Durkin, Republican leader in Illinois legislature: Changed his vote to support the ERA because “I couldn’t do it to my daughter.”

 

Rep. Steve Andersson: “Republicans have to find areas that are good social advances.”

 

 

Compiled by Ann Von Brock, ERA-NC Alliance, 2019

Sources:
– Written Copy of Speech by Jill Tolles, 2017
– Public Speech by Steve Andersson to Arizona ERA, https://www.youtube.com/watch?v=ftKIF9cV800&t=9s&fbclid=IwAR2JWhVSfIQrEYfSDbWfi9DKQUeS-RAFSBdk6r9c5CbVRIaf6MgQljEHXW4