The Current Status of the ERA
The debate over the Equal Rights Amendment (ERA) adds another layer to the ongoing discussion about human rights and constitutional amendments in the United States. Since 38 states have ratified the amendment, raising questions about the future addition of this important civil rights measure to the United States Constitution.
According to Article V of the United States Constitution, no amendment can be proposed if it has not been approved by the legislatures of three-fourths of the states or by conventions in the majority of states, whichever method is chosen by two-thirds of state legislatures.
As it stands, the ERA has not legally been ratified since the time limit for doing so has expired. The deadline was set following the ratification by the necessary 38 states, but in the absence of an explicit time limit, the amendment has not been added to the Constitution.
The Role of the "United States" in Ratification
It is essential to clarify that the "United States" as a single entity does not play a role in ratifying the ERA. Instead, the process is driven by individual states. When 38 or more states ratify an amendment, it is certified by the Office of the Federal Register (OFR), and it becomes part of the Constitution.
If 38 states ratified the ERA within the required time period, it would have been added to the Constitution ipso facto (by that fact). However, this did not happen, and proponents and opponents are free to continue their efforts.
The Dynamics of State Ratification
The changing political landscape of the United States over the past four decades adds another dimension to this discussion. Legislators who approved the ERA in the past may no longer be in office. This shift can significantly impact the prospects of ratification.
RBG, who was a significant advocate for the ERA, advised proponents to start the process anew. This suggests that, given the extended time period, even she would rule the process invalid. It is crucial to revisit the ERA in the current context to ensure its relevance and comprehensiveness.
The Broader Scope of the ERA
The ERA, originally aimed at addressing women's rights, now needs to be expanded to include everyone. Provisions should be made to ensure the right to divorce, ban discrimination based on any reason, and avoid narrowing the language to only a few groups. Additionally, the amendment should include clear exemptions for religious organizations.
To future-proof the ERA, it is suggested to limit individual rights to beings with an intelligence level at least equal to humans and explicitly exclude corporations and AI from having these rights. The amendment should be sufficiently broad to cover beings from different dimensions or extraterrestrial life forms.
Lastly, the ERA should be crafted in a way that ensures its support across all political parties, making it a non-partisan issue. A concise bill, fewer than five pages, that accomplishes all of the above within a year would be ideal. Upon ratification, it could change its name to The Equal Rights for All Amendment.
Given the complexity and importance of this issue, it is crucial to engage in thoughtful and inclusive discussions to ensure the ERA addresses the diverse needs of all individuals.