UPDATE: House Concurrent Resolution 3037 failed and did not pass!

Leveling the playing field between women and men should be a priority for North Dakota legislators, but House Concurrent Resolution 3037 suggests otherwise.

The ACLU of North Dakota opposes HCR 3037, legislation that would rescind North Dakota’s ratification of the Equal Rights Amendment to the Constitution. HCR 3037, which passed the House, will be heard in the Senate’s Government and Veterans Affairs Committee today.

The Equal Rights Amendment is just as critical today as it was in 1972.

In 2019, women are still not treated equally in our society, Women, on average, are paid only 80 cents on the dollar compared to men, and, for women of color, the wage gap is even greater. Women are vastly overrepresented among those living in poverty and women are disproportionately impacted by gender-based violence and other forms of harassment. Women are also vastly underrepresented among those holding political office and other positions of power.

In fact, HCR 3037 is sponsored entirely by men – not a single woman is listed as a sponsor. That itself says a lot.

Additionally, the ACLU of North Dakota disagrees with the assertions that North Dakota’s approval to ratify the Equal Rights Amendment expired 40 years ago. In fact, attempts to “rescind” or limit a ratification have never been effective.

Article V of the U.S. Constitution speaks only to the states’ power to ratify an amendment but not to the power to rescind a ratification. Looking to Congress’ historical practice of not validating the rescissions from state legislatures in the context of constitutional amendments, it is likely that Congress would act accordingly in the case of the ERA. 

A ratification is something that happens at a moment in time — for North Dakota, in 1975 – and once it’s done, it’s done.

For example, that’s why, in the case of the 14th Amendment, all three branches of the federal government treated that amendment as fully ratified and effective even though two of the necessary states had ratified but later voted to rescind. During the ratification process of the 15th Amendment, New York rescinded its vote before the last state necessary to ratify voted in favor in 1870. Despite this, New York was still listed as a ratifying state.  Congress is likely to follow its historical pattern and not count rescissions.

Therefore, it is most likely that if HCR 3037 advances, the vote to rescind North Dakota’s ratification of the ERA is a legal nullity.

The legislature should not rescind North Dakota’s ratification of the Equal Rights Amendment.

Today, the House passed Senate Bill 2044, legislation that will punish association, violate freedom of assembly and almost certainly stifle protected speech.

The bill now heads to Gov. Doug Burgum to be signed into law.

The ACLU of North Dakota opposed Senate Bill 2044. The bill will increase the legal penalties for tampering with or damaging a critical infrastructure facility or public service and will criminalize activity far beyond the intentional causing of property damage, extending penalties to activity such as “interfering with” or “inhibiting” the operations of critical infrastructure.

It's time to take action. Click here to urge Gov. Burgum to veto this bill and defend free speech for all North Dakotans.

OR Copy and paste the letter below to your email and personalize how you wish. 

SAMPLE LETTER: 

Dear Gov. Burgum, 

My name is [insert name here], 

I am reaching out to you today to discuss Senate Bill 2044. This bill recently passed through both chambers and is on its way to your desk. I'm urging you to veto this bill. Existing law already prohibits trespassing and malicious destruction of property and conspiracies to commit the same. Given that, this bill’s focus on critical infrastructure facilities belies its neutral purpose – as do its excessive fines. Additionally, Senate Bill 2044 will punish organizations found to be a conspirator with those individuals found to be in violation of the new prohibitions. Making an organization criminally liable for all damage would impermissibly burden the rights of political association that are protected by the First Amendment – the literal embodiment of guilt by association.

Now is the time, Gov. Burgum. Please listen to your constituents you were elected to represent and veto this bill.

Sincerely, 

[Insert your name and address here]