Kelly Votes Against Unconstitutional Resolution to Remove Deadline for Ratification of the Equal Rights Amendment

Washington, D.C. - Today, the House of Representatives passed H.J.Res. 17, a joint resolution of Congress that seeks to remove the deadline for ratification of the Equal Rights Amendment (ERA) by the states. U.S. Representative Mike Kelly (R-Pa.) voted against the resolution and released this statement:

"Removing the deadline for ratification of the Equal Rights Amendment is unconstitutional and the amendment itself is redundant because the Fifth and Fourteenth Amendments to the Constitution already require that all Americans be treated equally under the law."

Background

On the constitutionality of removing the deadline for state ratification of the ERA:

• The United States Supreme Court held in Dillon v. Gloss that Congress may establish deadlines for states to ratify amendments.
• If the amendment is not ratified by the states before that deadline, the amendment must again be passed by 2/3 of Congress pursuant to Article V of the Constitution.
• H.J.Res. 17 does not attempt to pass the ERA by two-thirds. It seeks to remove the expired deadline by a majority, a power Congress does not have under Article V.

On the proposed amendment:

• The ERA would purportedly guarantee equal protection for Americans regardless of their biological sex.
• The Fifth and Fourteenth Amendments to the Constitution already require that all Americans receive equal treatment under the law, which renders the amendment redundant.

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