It’s 2021: It’s Time to Ratify the ERA

by CHARLOTTE MALONEY

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Year after year, lawmakers file a resolution for Utah to ratify the Equal Rights Amendment (ERA) and it sits in the abyss where bills go to die, without even a hearing in the Rules Committee (the gatekeeper for proposed legislation).  This year has been no different for the current Senate Joint Resolution 8 (SJR8).  The work for equality, however, continues and the public can help.

Although similar ERA language exists in Utah’s state Constitution, it does not apply in federal court cases or when women travel or relocate, as so many do for school, work, family or other reasons, leaving women unequal under the law.  In sex discrimination cases, the ERA would require judges to apply a higher standard--one that is similar to that used for cases based on religion, race, and national origin--in all courts, state and federal.  

In Utah white women earn $0.74 for every dollar, while according to the Utah Advisory Committee’s 2020 Report to the U.S. Commission on Civil Rights, our sisters “of color face an even larger gender wage gap in Utah compared with white men. Hispanic women earn 47 cents, Black women earn 52 cents, Native American women earn 54 cents, and Asian women earn 67 cents for each dollar paid to white men.” 

As a result, women need to spend more time in the workplace just to make the same amount as their male counterparts.  The ERA could play a role in closing that gap and ensuring equal pay for equal work, freeing up women to spend time elsewhere, particularly benefitting single parents and families.  Our own Silicon Slopes supports ratifying the ERA, signaling a benefit to businesses.  

A diverse workforce will make Utah more attractive to tech companies.  Increasing diversity and bringing people from all backgrounds brings new ideas and promotes the free exchange of ideas, thereby increasing innovation, which grows our economy.  

And, the importance of ratifying the ERA as a message should not be underestimated.  Utah is rated as the worst state for women’s equality.  Lawmakers have the opportunity to stand up, take action, and unequivocally show that Utah values the work and contribution of all people, regardless of sex.

Polls show that more than 70% of the state’s residents support ratification--including 71% of active members of the Church of Jesus Christ of Latter Day Saints.  Legislation with such high public support should be given a committee hearing.  Yet, lawmakers have prioritized bills that are an attack on women and equality--legislation like removing concealed carry requirements (became law), banning transgender girls from participating in school sports (stalled in committee), or making it more difficult for stalking victims to obtain protective orders (withdrawn), to name just a few.  At a minimum, all of these had committee hearings, something that has been denied to SJR8.  

The good news is that the public can make a difference.  Residents can contact their representatives in the State Senate and request that they push for a hearing.  

Additionally, the Utah ERA Coalition and Equality Utah are hosting an event at the Utah Capitol at 11:00 A.M. on Tuesday, March 2nd, in a show of support for ratifying the ERA.  It is time that Utah plays their part in the effort to put women in the United States Constitution.

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