Bill Summary

This bill proposes a constitutional amendment that would add to the Constitution the following language: “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.”

This bill is problematic without an abortion-neutral amendment. Without it, this bill could lead to require forced-taxpayer funding of abortion on demand. In New Mexico, similar language was passed in a state constitutional amendment that lead the New Mexico Supreme Court to order that the state pay for elective abortions under the state’s Medicaid program. In their ruling, the court said that such language prohibits the state from restricting abortion differently from “medically necessary procedures” sought by men. This shows that the ERA could be used to invalidate any restriction on abortion if so interpreted by the courts.

An abortion-neutral amendment is necessary in order for this bill to be acceptable. An example of such an amendment would read, “Nothing in this Article [the ERA] shall be construed to grant, secure, or deny any right relating to abortion or the funding thereof.” This is the exact language originally proposed by Congressman Sensebrenner in 1983.

Bill Status

This bill was introduced in May of 2007 in the Senate by Senator Ted Kennedy (D-MA) and in the House by Congresswoman Carolyn Maloney (D-NY). Both were reffered to committee.

Bill Summary

Alice Paul was the original author of the ERA. She was a suffragist and after working tirelessly to get the 19th Amendment passed, continued her efforts for women’s rights. She is quoted as calling abortion “the ultimate exploitation of women.” Paul would likely disagree with the courts’ interpretation of her ERA as a loophole for abortion.