North Carolina HB 1072: NC Adopt Equal Rights Amendment/Funds.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H 1
HOUSE BILL 1072*

Short Title: NC Adopt Equal Rights Amendment/Funds. (Public)
Sponsors: Representatives Cunningham, Fisher, Terry, and Butler (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
June 1, 2018
*H1072-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO RATIFY THE EQUAL RIGHTS AMENDMENT TO THE CONSTITUTION OF 2
THE UNITED STATES OF AMERICA RELATING TO EQUAL RIGHTS FOR MEN 3
AND WOMEN AND TO APPROPRIATE FUNDS TO EDUCATE THE PUBLIC ABOUT 4
THE PROVISIONS OF THIS ACT. 5
Whereas, the 92nd Congress of the United States of America at its second session, in 6
both houses, by a Constitutional majority of two-thirds thereof, adopted the following proposition 7
to amend the Constitution of the United States of America in the following words, to wit: 8
"JOINT RESOLUTION 9
***** 10
"Resolved by the Senate and House of Representatives of the United States of America in 11
Congress assembled (two-thirds of each House concurring therein), that the following article is 12
proposed as an amendment to the Constitution of the United States, which shall be valid to all 13
intents and purposes as part of the Constitution when ratified by the Legislatures of three-fourths 14
of the several States within seven years from the date of its submission by the Congress: 15
"ARTICLE ______ 16
"Section 1. Equality of rights under the law shall not be denied or abridged by the United 17
States or by any State on account of sex. 18
"Sec. 2. The Congress shall have the power to enforce, by appropriate legislation, the 19
provisions of this article. 20
"Sec. 3. This amendment shall take effect two years after the date of ratification"; and 21
Whereas, the United States Congress adopted the 27th Amendment to the 22
Constitution of the United States, the so-called Madison Amendment, relating to Compensation 23
of Members of Congress, this amendment was proposed 203 years earlier by our First Congress 24
and only recently ratified by three-fourths of the states, and the United States Archivist certified 25
the 27th Amendment on May 18, 1992; and 26
Whereas, the founders of our nation, including, but not limited to, James Madison, 27
did not favor further restrictions to Article V of the Constitution of the United States; and 28
Whereas, the restricting time limit for the Equal Rights Amendment ratification is in 29
the resolving clause and is not a part of the amendment proposed by Congress and already ratified 30
by 35 states; and 31
Whereas, having passed a time extension for the Equal Rights Amendment on 32
October 20, 1978, Congress has demonstrated that a time limit in a resolving clause can be 33
disregarded if it is not a part of the proposed amendment; and 34

General Assembly Of North Carolina Session 2017
Page 2 House Bill 1072*-First Edition
Whereas, the United States Supreme Court in Coleman v. Miller, 307 U.S. 433, at 456 1
(1939), recognized that Congress is in a unique position to judge the tenor of the nation, to be 2
aware of the political, social, and economic factors affecting the nation, and to be aware of the 3
importance to the nation of the proposed amendment; and 4
Whereas, if an amendment to the Constitution of the United States has been proposed 5
by two-thirds of both houses of Congress and ratified by three-fourths of the state legislatures, it 6
is for Congress under the principles of Coleman v. Miller to determine the validity of the state 7
ratifications occurring after a time limit in the resolving clause, but not in the amendment itself; 8
and 9
Whereas, Constitutional equality for women and men continues to be timely in the 10
United States and worldwide, and a number of other nations have achieved constitutional equality 11
for their women and men; Now, therefore, 12
The General Assembly of North Carolina enacts: 13
SECTION 1. That the Equal Rights Amendment to the Constitution of the United 14
States of America set out in the preamble to this act be, and the same is, hereby ratified by the 15
General Assembly of the State of North Carolina. 16
SECTION 2. That certified copies of this preamble and act be forwarded by the 17
Governor of this State to the Administrator of General Services, Washington, D.C., and the 18
President of the Senate and the Speaker of the House of Representatives of the Congress of the 19
United States. 20
SECTION 3. There is appropriated from the General Fund to the Department of 21
Labor the sum of ten thousand dollars ($10,000) for the 2018-2019 fiscal year to educate the 22
public about this act. 23
SECTION 4. This act becomes effective July 1, 2018. 24