Jeion A. Ward tells why a floor vote on the ERA is necessary. Ms. Ward is a member of the Virginia House of Delegates. This article appeared in The Virginian-Pilot on September 9, 2018.
Bring the ERA to the General Assembly floor
By Jeion A. Ward For The Virginian-Pilot
With a floor vote, all legislators would be held accountable to our constituents. None of us can hide behind leadership or pretend helplessness in the face of technicalities or congressional red tape.
IN 2019, Virginia could become the 38th and last state needed to ratify the Equal Rights Amendment. As a member of the Virginia House of Delegates and as a woman, I find the opportunity to vote on the Equal Rights Amendment significant and exciting. Voting on any amendment to the Constitution is a responsibility that deserves the attention of the full Virginia General Assembly and a floor vote. All state legislators, representing all Virginians, must participate, not just a small group of leaders from a handful of districts who make up a committee.
By allowing the Equal Rights Amendment to reach the floor for a full vote, the General Assembly would exercise our state’s constitutional right in the ratification process. Last year, a majority of both the House and the Senate — including members from both parties — favored the Equal Rights Amendment, but it died in committee on the dubious ground that Congress’s ratification deadline had passed. The Constitution does not expressly give Congress the authority to set ratification deadlines. It says that upon ratification by three-fourths of the states (38 states), a proposed amendment “shall be valid to all intents and purposes, as part of this Constitution.” If we read the Constitution literally, once the 38th state ratifies the Equal Rights Amendment, it becomes part of the Constitution.
According to an opinion from Virginia Attorney General Mark Herring, “the lapse of the ERA’s original and extended ratification periods has not disempowered the General Assembly from passing a ratifying resolution.” Even if Congress has the authority to impose deadlines, it equally has the authority to extend or eliminate its deadlines. In fact, Congress has extended the Equal Rights Amendment deadline once. A vote by the full General Assembly would send Congress a powerful message, stating that Virginia is one of the 38 states that wants the Equal Rights Amendment.
A floor vote on the Equal Rights Amendment speaks the will of Virginians better than any decision made by a few legislative leaders. With a floor vote, all legislators would be held accountable to our constituents. None of us can hide behind leadership or pretend helplessness in the face of technicalities or congressional red tape. A floor vote also gives the General Assembly an opportunity to correct its historical mistake of failing to support the inclusion of fundamental rights in the Constitution.
In 1868, the 14th Amendment, which provides equal protection under the law, became valid as part of the Constitution. But Virginia remained on the sidelines.
In 1920, the 19th Amendment, which gave women the right to vote, became valid as part of the Constitution. Again, Virginia remained on the sidelines.
In 1964, the 26th Amendment, which abolished the poll tax, became part of the Constitution. Once more, Virginia remained on the sidelines.
Only years after ratification, when the state’s approval would have no real effect, did Virginia ratify these amendments.
Today, we can scarcely fathom living in a country in which these rights were not granted in the Constitution. Yet, women still do not have inalienable rights in America. While legislation has been passed to protect women’s rights and prevent gender discrimination, laws easily can be replaced or repealed. A constitutional amendment is the only fail-safe way to ensure that the United States — and Virginia — considers women equal citizens with protected rights.
With a bipartisan majority favoring the Equal Rights Amendment, Virginia can once again assume its leadership position on the right side of history, as it did when it ratified the Bill of Rights in 1791, bringing the first 10 amendments into the Constitution.
Ratifying the Equal Rights Amendment is a natural next step in the United States’ constant efforts to embody its ideals. For the sake of Virginia and our significant responsibility in the amendment process, the General Assembly as a whole must vote on ratification. We should not let a few in leadership block us from ratifying the precise and enduring truth of the Equal Rights Amendment: “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.”
Jeion A. Ward represents the 92nd District in the Virginia House of Delegates. She lives in Hampton.
