Other Group

Vote Equality!

Website:

voteequality.us/

Type:

Equal Rights Amendment advocate

Formation:

2020

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Vote Equality! (sometimes known as Vote Equality US) is an advocacy group supporting the passage of the proposed Equal Rights Amendment (ERA) to the U.S. Constitution that would ensure legal equality between men and women.

Vote Equality! is a fiscally sponsored project of the Center for Common Ground.

History

The Equal Rights Amendment proposal dates to 1922, two years after the 19th Amendment was passed and gave women the right to vote in all states and in federal elections. In 1971, the ERA passed the U.S. Congress, and the following year, it passed the U.S. Senate. The ERA was then sent to state legislatures for ratification with a deadline in 1979. The ERA failed to reach 38 ratifications by the deadline and failed again after an extension to 1982. 1

According to Fast Company, interest in the ERA was rejuvenated in the mid-2010s due to the election of President Donald Trump (R) and the “Me Too” movement. From 2017 to 2020, the ERA was ratified in Nevada, Illinois, and Virginia, thus bringing the ERA to 38 state ratifications, leading supporters to claim the amendment had reached the required threshold for federal implementation despite the deadline having elapsed. 2

Vote Equality! evolved out of the VAratifyERA campaign which successfully passed the ERA in Virginia in 2020. Vote Equality’s leadership also includes leaders of similar campaigns in Illinois and Nevada. 3

Vote Equality! campaigns to secure federal recognition of the ERA as the 28th Amendment to the U.S. Constitution now that the amendment has allegedly passed state ratification. However, according to conventional legal analysis, the ERA is no longer open to state ratification since its extended deadline passed in 1982. According to Vote Equality!, the U.S. Congress does not have the authority to implement a deadline on U.S. Constitutional amendments, and if such a power is legally codified, then the U.S. Congress would also have the power to extend or eliminate the deadline, which would become Vote Equality!’s priority. 4 Additionally, five states previously voted to rescind their ratification of the ERA, but Vote Equality! claims rescissions are not legally valid. 5

In 2020, U.S. National Archivist David Ferriero refused to record the ratifications of the last three states on advisement from the U.S. Department of Justice on the grounds that the ratification deadline passed in 1982. Nevada, Illinois, and Virginia have responded with a lawsuit against Ferriero claiming the 1982 deadline is invalid. 6 7 8

While the lawsuit continues, Vote Equality! plans on raising awareness and support for the ERA both in the general population and the federal legislature. 9 In 2023, the D.C. Circuit Court of Appeals ruled against a lawsuit brought by Nevada and Illinois seeking to compel recognition of the ERA as part of the Constitution. 10

Policy Implications

Vote Equality! aims to pass an amendment to the U.S. Constitution to ensure legal equality between men and women. According to Vote Equality!, these amendments will primarily impact the enforcement of numerous laws in which there is alleged discrimination against women, including how sexual harassment is punished in the military, sex trafficking laws, and child custody laws. 11

Vote Equality! insists the ERA would have no impact on the status of women in a military draft, since women are already eligible despite only men being required to sign up for the Selective Service. 12

Vote Equality! claims the passage of the ERA would not invalidate existing regulations that give preferential treatment to women for the hiring of federal contractors. The group cites the precedent of continued preferential treatment for racial minority contractors despite the 14th Amendment guaranteeing racial equality. 13

Critics of the ERA contend that most of its less controversial aims have been achieved by simple legislation and that the ERA could compel state approval of and taxpayer funding for abortion. 14

References

  1. Brandon, Elissaveta M. “How 29 artists banded together to put the Equal Rights Amendment back in the spotlight.” Fast Company. March 11, 2022. Accessed March 1, 2023. https://www.fastcompany.com/90730183/how-29-artists-banded-together-to-get-the-equal-rights-amendment-back-in-the-spotlight.
  2. Brandon, Elissaveta M. “How 29 artists banded together to put the Equal Rights Amendment back in the spotlight.” Fast Company. March 11, 2022. Accessed March 1, 2023. https://www.fastcompany.com/90730183/how-29-artists-banded-together-to-get-the-equal-rights-amendment-back-in-the-spotlight.
  3. “Who is VoteEqualityUS and what’s our plan?”” Vote Equality. Accessed March 1, 2023. https://voteequality.us/faq/about-us/.
  4. “Deadline.” Vote Equality!. Accessed March 1, 2023. https://voteequality.us/faq/deadline/.
  5. “Rescissions.” Vote Equality! Accessed March 1, 2023. https://voteequality.us/faq/rescissions/.
  6. “Illinois V Ferriero.” Vote Equality!. Accessed March 1, 2023. https://voteequality.us/faq/illinois-v-ferriero/.
  7. “Who is VoteEqualityUS and what’s our plan?”” Vote Equality. Accessed March 1, 2023. https://voteequality.us/faq/about-us/.
  8. “About Us.” Vote Equality!. Accessed March 1, 2023. https://voteequality.us/faq/about-us/.
  9. “About Us.” Vote Equality!. Accessed March 1, 2023. https://voteequality.us/faq/about-us/.
  10. Marr, Chris. “Equal Rights Amendment Backers Defeated in D.C. Court Appeal (2).” Bloomberg Law, February 28, 2023. https://news.bloomberglaw.com/daily-labor-report/equal-rights-amendment-backers-lose-federal-d-c-circuit-appeal.
  11. “What Changes?” Vote Equality!. Accessed March 1, 2023. https://voteequality.us/faq/what-changes/.
  12. “Draft.” Vote Equality!. Accessed March 1, 2023. https://voteequality.us/faq/draft/.
  13. “Contracts.” Vote Equality!. Accessed March 1, 2023. https://voteequality.us/faq/contracts/.
  14. Waters, Emma. “Want to Protect Life? Oppose Revival of the Equal Rights Amendment.” The Heritage Foundation, March 1, 2023. https://www.heritage.org/life/commentary/want-protect-life-oppose-revival-the-equal-rights-amendment.
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