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The United States is the only industrialized democracy that does not ensure rights for women in its federal constitution. [1] Although the required 38 states have passed the amendment as of 2020, the U.S. archivist has not ratified the amendment due to a congressionally-set ratification deadline of March 22, 1979, which some state approvals surpassed. [4]
Missouri is a Supreme Court case in which it ruled that the exemption on request of women from jury service under Missouri law, resulting in an average of less than 15% women on jury venires in the forum county, violated the "fair-cross-section" requirement of the Sixth Amendment as made applicable to the States by the Fourteenth Amendment.
The resolution, "Proposing an amendment to the Constitution of the United States relative to equal rights for men and women", reads, in part: [1] Resolved by the Senate and House of Representatives of the United States of America in Congress assembled (two-thirds of each House concurring therein), That the following article is proposed as an amendment to the Constitution of the United States ...
Delaware - Equality of rights under the law shall not be denied or abridged on account of race, color, national origin, or sex. Delaware Constitution, Article I, §21 (2019, 2021) Florida - Basic rights. All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and ...
Some countries in Africa: The Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa, better known as the Maputo Protocol, guarantees comprehensive rights to women including the right to take part in the political process, to social and political equality with men, to control of their reproductive health ...
This version of the amendment reads: Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. [2] The vote is 84 in favor and 8 opposed. A deadline is set that it must by ratified by the required 38 states within the next seven years. [3] March 22, 1972 – Hawaii ratifies the ERA. [4]
Originalism is a legal theory that bases constitutional, judicial, and statutory interpretation of text on the original understanding at the time of its adoption. Proponents of the theory object to judicial activism and other interpretations related to a living constitution framework.
The only amendment to be ratified through this method thus far is the Twenty-first Amendment in 1933. That amendment is also the only one that explicitly repeals an earlier one, the Eighteenth Amendment (ratified in 1919), establishing the prohibition of alcohol. [4] Congress has also enacted statutes governing the constitutional amendment process.