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HomeMy WebLinkAboutAgenda - 11-15-2016 - 4-a - Resolution in Support of the Equal Rights Amendment 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: November 15, 2016 Action Agenda Item No. 4-a SUBJECT: Resolution in Support of the Equal Rights Amendment DEPARTMENT: Housing, Human Rights and Community Development for the Human Relations Commission ATTACHMENT(S): INFORMATION CONTACT: Resolution in Support of the Equal Rights Audrey Spencer-Horsley, Director, (919) Amendment 245-2492 Uvonka Mercer, Civil Rights Specialist, (919) 245-2488 Commissioner Renee Price, (919) 245- 2130 PURPOSE: To consider a Resolution in Support of the Equal Rights Amendment. BACKGROUND: At the November 1, 2016 Board meeting, Commissioner Renee Price petitioned the Board to consider a Resolution in support of the Equal Rights Amendment. Commissioner Price provided a draft resolution for consideration. The Equal Rights Amendment affirmed the equal application of the Constitution to all citizens; which read: "Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction." The amendment was introduced in every session of Congress; and was approved in reworded form by the U.S. Senate and the House of Representatives on March 22, 1972. The proposed 27th Amendment to the Constitution was sent to the States for ratification, and fell three states short of ratification; including the State of North Carolina. FINANCIAL IMPACT: There is no financial impact associated with considering the resolution. SOCIAL JUSTICE IMPACT: The following four Orange County Social Justice Goals are applicable to this agenda item: • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY The fair treatment and meaningful involvement of all people regardless of race or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or 2 ethnic background; age; military service; disability; and familial, residential or economic status. • CREATE A SAFE COMMUNITY The reduction of risks associated with vehicle/traffic accidents, childhood and senior injuries while building a safe, inclusive and loving community. • GOAL: ESTABLISH SUSTAINABLE AND EQUITABLE LAND-USE AND ENVIROMENTAL POLICIES The fair treatment and meaningful involvement of people of all races, cultures, incomes and educational levels with respect to the development and enforcement of environmental laws, regulations, policies, and decisions. Fair treatment means that no group of people should bear a disproportionate share of the negative environmental consequences resulting from industrial, governmental and commercial operation or policies. • GOAL: ENABLE FULL CIVIC PARTICIPATION Ensure that Orange County residents are able to engage government through voting and volunteering by eliminating disparities in participation and barriers to participation. RECOMMENDATION(S): The Manager recommends that the Board consider approval of the Resolution in support of the Equal Rights Amendment. 3 RES-2016-070 ORANGE COUNTY BOARD OF COMMISSIONERS RESOLUTION IN SUPPORT OF THE EQUAL RIGHTS AMENDMENT WHEREAS, Orange County forthrightly supports equal rights for all residents of Orange County; and WHEREAS, women continue to confront a lack of political parity, workplace discrimination, health care inequities, disparate rates of poverty, rape and domestic violence assaults; and WHEREAS, the United States Constitution fails to guarantee explicitly that all rights that it purports to protect are held equally by all residents without regard to sex; and WHEREAS, the equal protection clause of the 14th Amendment never has been interpreted to guarantee equal rights for women; and WHEREAS, the Equal Rights Amendment [ERA] was drafted to help correct systemic discrimination based on sex, i.e., by situating sex as a suspect category invoking strict judicial scrutiny, as with race, national origin and religion; and WHEREAS, the ERA was passed by Congress in 1972 and ratified by 35 of the 38 states necessary to put it into the Constitution, yet was assumed to have expired in 1982; and WHEREAS, Congress can alter time limits in the proposing clauses of amendments, and the deadline for the ERA appeared only in the preamble as opposed to the actual legislation; and WHEREAS, Senator Floyd B. McKissick, Jr. and Representative Carla Cunningham introduced ERA ratification bills in the NC General Assembly in the 2015 long session, with Senator Mike Woodard co-sponsoring the Senate bill and Representative Henry M. Michaux co-sponsoring the House bill; and WHEREAS, these legislators have indicated that they will introduce similar bills in 2017; and WHEREAS, US Representative David Price, Representative Alma Adams, and Representative G.K. Butterfield co-sponsored bills in the 114th Congress to adopt an ERA, and to lift the time limits on states for ratifying the ERA; NOW THEREFORE, BE IT RESOLVED, that the Orange County Board of County Commissioners calls on the US Congress to pass into law a bill to adopt an Equal Rights Amendment, or to remove the time limit for ratification of the ERA so that ratification shall be achieved upon the affirmative vote of 38 states, of which 35 already have ratified; and BE IT FURTHER RESOLVED, that the Orange County Board of County Commissioners calls on the NC General Assembly to pass into law a bill to ratify the Equal Rights Amendment to the United States Constitution as proposed by Congress on March 22, 1972. This the 15th day of November 2016.