Equal Rights Amendment North Carolina Alliance

It's Time to Write Women Into the Constitution!

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County Contact Campaign

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ERA-NC C3 Map May 20We’re recruiting for our County Contact Campaign!

We know the ERA ratification bills will be re-introduced in the NC General Assembly in 2020, and we want to be sure there’s at least one person in each of North Carolina’s 100 counties to be part of our rapid response team to help us get the word out about it! As a member of the campaign, you’ll contact your county representatives first, to encourage and remind them to sign on to the bills as co-sponsors, and then spread the word to other ERA activists in your county.

To get the ball rolling in your county, please fill out this form:

County Contact Campaign

FAQ about the ERA

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The Equal Rights Amendment: Common Legal Questions

Prepared for the ERA-NC Alliance by Winston & Strawn, LLP

Frequently Asked Questions about the ERA1. What does the ERA do, and why is it important?

The U.S. Constitution does not guarantee equal rights for women. According to the late Justice Scalia, “Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn’t.”

The ERA would change that. It would guarantee that “[e]quality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.” It would apply, for example, if the government passes a discriminatory law, or takes female assault victims less seriously than male victims, or imposes a tax
that disadvantages women in particular, or denies female soldiers an equal chance to defend their country and move up in the ranks. The ERA would stand in the way of these and other discriminatory “state actions.”

2. Why is the ERA necessary, in light of the Constitution’s Equal Protection Clause?

The Fourteenth Amendment says that no state may “deny to any person within its jurisdiction the equal protection of the laws.” The Fifth Amendment applies the same principle to the federal government. But these protections do not apply to sex in the same way they apply to race or national origin.

Today, when a court considers a challenge to a law that discriminates based on sex, it will uphold the law as long as it bears a “substantial relationship” to an “important government purpose.” This is called intermediate scrutiny. The ERA would require strict scrutiny-the same test that applies to discrimination based on race
and national origin. Under that test, the law must be “narrowly tailored” to achieve a “compelling government interest,” and it must be the “least restrictive means” of doing so. This means that the court would strike down the law if the goal behind it is not appropriate and compelling, or if there is a different way to accomplish it.

3. How would the ERA differ from the protections already provided under the law?

There are a variety of local, state, and federal laws that prohibit discrimination. For example, Title VII is a federal law that prohibits employers from discriminating based on sex, race, color, national origin, or religion. It protects employees who work for corporations over a certain size, as well as federal and state employees. Title IX is a federal law that (with certain exceptions) requires any school that receives federal funds to give students equal opportunities regardless of sex. The ERA addresses discrimination from a different perspective: it would prohibit discrimination by the government, including in statutes, regulations, employment, and law enforcement.

4. What about the deadline for ratification that expired in 1982?

The ERA was ratified by 35 states before the deadline imposed by Congress. Last spring, Nevada became the 36th. In May of 2018 Illinois became the 37th. One more ratification is needed to reach the threshold set by the Constitution.

Congress created the deadline, so it must have the power to remove it-or to extend it (as it did in 1979). The Supreme Court has held that it is up to Congress-not the courts-to decide how to deal with the timing of ratification. [Coleman v. Miller (1939).] A decision to remove the deadline should be analyzed the same way.

5. Didn’t some states “undo” their ratifications? What is the impact of that?

It is true that five of the states that ratified the ERA later passed resolutions attempting to limit or rescind their prior ratifications. But historically, resolutions like these have not prevented the prior ratifications from counting toward the threshold. When the Fourteenth Amendment was ratified in 1868, Congress declared it to be effective even though two states had passed resolutions attempting to rescind. The Supreme Court has said that it will not second-guess this kind of determination. [Coleman v. Miller (1939).]

Although one court held in 1981 that a state did have the power to rescind its ratification of the ERA, the Supreme Court vacated that decision after the ERA deadline had passed and the appeal to the Supreme Court had become moot. As of today, then, there is no case law holding that a ratification can be “undone.”

6. So, if 38 states ratify the ERA, what happens next?

Congress can then take action to remove, extend, or waive the earlier deadline. (There is already a proposed bill that would do this.) It could also express a view about the attempts to rescind the ratifications in five states.

7. Opponents of the ERA have said that it would prohibit any distinctions based on sex and would overturn laws that benefit women. Is that true?

No. The government would still be able to draw a distinction based on sex if it passes “strict scrutiny.” But most of the laws that people think of as benefitting women-like social security regulations, estate laws, laws requiring child and spousal support, and so on-are actually already sex-neutral. And for those that are not, legislators would have two years after the ERA is enacted to add broader language-like “spouse” rather than “wife.”

8. Opponents of the ERA say that if it passes, states will lose their power to legislate about family law, sex crime laws, and other laws impacted by gender. Is that true?

No. The ERA will not take any power away from states-except the power to make unnecessary distinctions based on sex.

9. Isn’t this all about changing the law on abortion?

No. The Supreme Court has held that the Constitution already protects the right to abortion. [Roe v. Wade (S.Ct. 1973).] And in North Carolina, ratifying a federal ERA will not change state law at all, so it will not lead to any change in state laws relating to abortion.

10. One anti-ERA organization has said that passing the ERA would require removing gender designations from bathrooms, locker rooms, jails, and hospital rooms. Is that true?

No. There is no reason to think that passing the ERA would have these kinds of effects. Other states, such as Illinois, have had equal rights guarantees in place for decades, and it has not eliminated separate women’s and men’s restrooms.

11. Isn’t it true that adopting the ERA won’t erase the gender wage gap?

Yes. The ERA alone would not erase the wage gap, because it would apply to “the United States and any State,” not to private employers directly. It might stop the government from rolling back anti-discrimination laws, but it will not automatically make them stronger. So in the fight for equality, there will be plenty left to do.

Updated 6/21/18
www.winston.com
© 2018 Winston & Strawn LLP

2018 Candidates Surveys

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The ERA-NC Alliance reached out to EVERY North Carolina candidate running for Congress and the General Assembly this year! We called as many candidates individually as we could, and sent out postcards as well.

A ‘yes’ means the candidate will co-sponsor and vote for the resolution to ratify the Equal Rights Amendment. Many candidates also returned comments with their survey; you can read their comments in this document.

Candidate Survey Results
NC HOUSE Name Supports ERA?
1 Edward Goodwin Yes
1 Ronald Wesson Yes
2 Darryl Moss Yes
3 T. Lee Horne No
3 Barbara Lee Yes
3 Michael Speciale No
4 DaQuen Love Yes
5 Howard Hunter III Yes
6 Tess Judge Yes
7 Bobbie Richardson Yes
8 Kandie Smith Yes
10 Tracy Blackmon Yes
11 Allison Dahle Yes
11 Travis Groo Yes
12 George Graham Yes
13 Penelope diMaio Yes
14 Isaiah Johnson Yes
16 John Johnson Yes
17 Tom Simmons Yes
19 Marcia Morgan Yes
20 Leslie Cohen Yes
26 Linda Bennett Yes
29 MaryAnn Black Yes
30 Marcia Morey Yes
31 Zack Hawkins Yes
32 Terry Garrison Yes
33 Rosa Gill Yes
33 Anne Murtha Yes
35 Michael Nelson Yes
36 Julie von Haefen Yes
37 Sydney Batch Yes
39 Darren Jackson Yes
40 Joe John Yes
41 Gale Adcock Yes
42 Marvin Lucas Yes
43 John Czajkowski Yes
44 Linda Devore Yes
44 Billy Richardson Yes
45 Albeiro Florez Yes
48 Russell Walker No
49 Cynthia Ball Yes
50 Graig Meyer Yes
52 Lowell Simon Yes
53 Richard Chapman Yes
56 Verla Insko Yes
57 Ashton Clemmons Yes
60 Cecil Brockman Yes
61 Pricey Harrison Yes
62 Martha Shafer Yes
63 Erica McAdoo Yes
66 Justin Miller Yes
68 Richard Foulke Yes
71 Evelyn Terry Yes
74 Terri LeGrand Yes
75 Dan Besse Yes
76 Joe Fowler Yes
76 Harry Warren Yes
77 Bonnie Dawn Clark Yes
78 James Meredith, Jr. Yes
79 Jerry Langley Yes
80 Wendy Sellars Yes
81 Lewie Phillips Yes
82 Aimy Steele Yes
84 Allen Edwards Yes
85 Howard Larsen Yes
86 Tim Barnsback Yes
87 Amanda Bregel Yes
88 Mary Belk Yes
89 Greg Cranford Yes
95 Carla Fassbender Yes
96 Kim Bost Yes
97 Natalie Robertson Yes
98 Christy Clark Yes
99 Nasif Majeed Yes
100 John Autry Yes
101 Carolyn Logan Yes
102 Becky Carney Yes
103 Rachel Hunt Yes
106 Carla Cunningham Yes
109 Susan Maxon Yes
113 Sam Edney Yes
114 Susan Fisher Yes
115 John Ager Yes
116 Brian Turner Yes
117 Gayle Kemp Yes
117 Chuck McGrady Yes
118 Rhonda Cole Schanderel Yes
119 Joe Sam Queen Yes
     
NC SENATE Name  
1 D. Cole Phelps Yes
2 Ginger Garner Yes
2 Tim Harris No
3 Charles Earley Yes
3 Erica Smith-Ingram Yes
4 Jesse Shearin Yes
6 Joseph Webb Yes
7 Barbara Dantonio Yes
8 Dr. David Sink, Jr. Yes
9 Harper Peterson Yes
10 Vernon Ray Moore Yes
11 Albert Pacer Yes
14 Daniel Blue Yes
15 Jay Chaudhuri Yes
16 Wiley Nickel Yes
17 Sam Searcy Yes
19 Kirk Deviere Yes
20 Floyd McKissick, Jr. Yes
22 Mike Woodard Yes
23 Valerie Foushee Yes
24 JD Wooten Yes
25 Helen Probst Mills Yes
28 Gladys Robinson Yes
30 Jen Mangrum Yes
31 John Motsinger, Jr. Yes
40 Joyce Waddell Yes
41 Natasha Marcus Yes
42 Ric Vandett Yes
43 Altriese Price Yes
44 David Lattimore Yes
46 Art Sherwood Yes
47 David Wheeler Yes
48 Norm Bossert Yes
49 Mark Crawford Yes
49 Terry Van Duyn Yes
     
US HOUSE Name  
2 Jeff Matemu Yes
5 DD Adams Yes
6 Ryan Watts Yes
8 Frank McNeill Yes
10 David Brown Yes
11 Phillip Price Yes
 
 

Our Keynote Speaker

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Carol Robles-Román

Co-President and CEO, ERA Coalition / Fund for Women’s Equality

Carol Robles-Román is the Co-President and CEO of the ERA Coalition and the Fund for Women’s Equality where she leads national efforts to advocate, educate and organize to ensure constitutional equality for women in the United States.

The ERA Coalition and the Fund for Women’s Equality are sister organizations, founded in 2014 to work respectively for passage and ratification of the Equal Rights Amendment and for greater public understanding of the need for comprehensive, fair and equal treatment of women and girls under the law.

Carol was formerly President and CEO, Legal Momentum – The Women’s Legal Defense and Education Fund Legal Momentum. She worked with big cities and organizations in gender justice, personal safety and access to justice reform. She is featured in the recent documentary about efforts to eradicate the sexual exploitation of women in “I am Jane Doe.”

She co-chairs the NYC Council Young Women’s Initiative Advisory Council, is on the National Organization for Women Advisory Board, is on the boards of the Women’s Forum of New York, and Veteran Feminists of America. She is a member of the National Football League Domestic Violence Working Group, and is a former member of the Board and Executive Committee of the City University of New York. Her recognitions include the American Bar Association Commission on Domestic and Sexual Violence 2017 Sharon L. Corbitt Award, the National Women’s Political Caucus 2015 Women of Courage Award, the SmartCEO 2014 Brava Award, and designation as one of the “100 Most Influential Hispanics” by Hispanic Business Magazine.

As Deputy Mayor for Legal Affairs and Counsel to NYC Mayor Michael Bloomberg for 12 years, she spearheaded public-private partnerships in judicial administration, domestic violence, enforcement of anti-discrimination laws and human trafficking. She led the city’s efforts to combat domestic violence and human trafficking by creating Family Justice Centers and the Let’s Call an End to Human Trafficking citywide initiative. As a top executive for the NYS judiciary, she served as its first Special Inspector General for Bias Matters appointed by Chief Judge Judith Kaye and later as Special Counsel to the Chief Administrative Judge Jonathan Lippman. She served as a NYS assistant attorney general for civil rights.

Carol holds a J.D. from New York University School of Law, and a B.A. from Fordham University at Lincoln Center.

2018 Annual Meeting

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You’re invited to attend the
ERA-NC Alliance Annual Meeting

Saturday, October 6, 2018
Noon – 4 pm
(Registration opens at 11:30 am)

Parkway United Church of Christ
2151 Silas Creek Pkwy, Winston-Salem, NC 27103

Keynote Speaker: Carol Robles-Roman
Co-President and CEO of the ERA Coalition/Fund for Women’s Equality

Ms. Robles-Roman will share news about the exciting work being done nationwide toward ratification of the Equal Rights Amendment, from the hugely successful shadow hearing on Capitol Hill to the ERA Roadshow.
Prior to joining the ERA Coalition, Robles-Roman was the President and CEO of Legal Momentum, where she spearheaded legislative, legal and policy efforts to ensure equal rights for women and girls; to combat human trafficking and violence against women; and to protect women’s economic security. Carol was Deputy Mayor for Legal Affairs and Counsel to NYC Mayor Michael Bloomberg for 12 years. She served as a NYS assistant attorney general for civil rights. Read more about Ms. Robles-Roman.

We will celebrate the state ratification count now at 37 – with just one more state to go! We’ll review our efforts across North Carolina, from municipal resolutions supporting state ratification, to our Congressional Action Teams, to the progress we’re making at the General Assembly.

We will also celebrate our 2018-2019 ERA Champion Award winners:

NC Senator

Erica D. Smith

NC Representative

Deb Butler

The ERA Champion Award is presented to persons who demonstrate superior leadership efforts in advocating for the ideals of equality and justice for women. Advocates are dedicated to the passage of the Equal Rights Amendment and make exceptional contributions to achieve its passage. Senator Smith and Representative Butler have clearly demonstrated this dedication over the past year – and beyond! We’re delighted that they will join us at our annual meeting!

Business meeting: During the business portion of our meeting, we will hold elections for officers and board members, and review proposed bylaws changes. Learn more about our candidates for Board of Directors and Officer positions. You can also read the minutes from the 2017 Annual Meeting.

 — Meeting registration is now closed —

 

2018 Board & Officers Election

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Dear Members and Friends of the ERA-NC Alliance: 

In advance of our Annual Meeting on October 6th, the Nominating Committee of the Alliance is seeking Board Officers and Directors for the 2019-2020 term. 
 
We use a process of self-nomination. Any member or organizational representative who submits a membership form that is duly registered by the Alliance and who is current with any annual dues may be eligible to serve as an Officer, Director, to serve on committees, and to vote. 
 
The election process follows this message. You can join or renew your membership for 2018 here, by downloading the membership form and sending it to the Alliance at the address on the form or by using the online option.

Please share this message with anyone else who may be interested, and consider the following:
 
1. Would you like to be part of the ERA-NC leadership that is building upon the national momentum and working to make North Carolina the 38th state to ratify the Equal Rights Amendment?
 
2. Are you willing to represent the ERA-NC Alliance, be visible in your community and in the state as an advocate for equal rights regardless of sex, and urge the NC General Assembly to ratify the ERA?
 
3. Are you willing to participate in monthly board meeting conference calls, serve on committees as possible, promote the purposes and objectives of the Alliance and help manage the business, property and affairs of the Alliance?
 
4. Would you consider an Officer position?  If so, which one(s)? (See Elections Process following this message.)
 
5. If you are willing to put your name in nomination for an Officer or Director, please submit an updated, brief biography to the Chair of the Nominating Committee, Ann Von Brock, by August 10th. (alvonbrock@gmail.com) 
 
6. If you are willing to be considered for an Officer position, please indicate which one in your submission along with your brief biography.
 
7. Please help recruit new Officers and Directors for the Board by reaching out to your personal network.  Those who are interested should be paid members of the Alliance and submit their brief biographies by August 10th. 
 
Thank you so much for your support of the Alliance. We are only as strong as the number of people willing to speak up and advocate for equal rights. 2019 promises to be an exciting year for the Equal Rights Amendment and we need some significant energy and commitment!  
 
Ann Von Brock, Nominating Committee Chair
828-582-4101
 
Elections Process
 
1. ELIGIBILITY: Any member or organizational representative who submits a membership form that is duly registered by the Alliance and who is current with any annual dues may be eligible to serve on the Board of Directors as an Officer or Director, to serve on committees, and to vote.
 
2. COMPOSITION AND ELECTION OF BOARD OF DIRECTORS:

  1. At the 2018 Annual meeting of the full membership body, the body will elect seven (7) Directors and seven (7) Officers to the Board of Directors to replace those members whose terms expire at the end of 2018. The newly elected members shall be elected to serve for the 2019-2020 term by a quorum of the full body membership with a vote of:
    1. Individual ERA Supporter members afforded one vote each.
    2. Representatives designated by Lead Organizations afforded one vote each. 
  2. A quorum of the full membership body is ten (10) percent of the total of individual members as of the date of the annual meeting. Robert’s Rules will be utilized at the meeting.
  3. Any member who submits an individual ERA-NC membership form that is duly registered by the Alliance by dates set forth by the Executive Council and who is current with any annual dues as of the date of the annual meeting is a member in good standing and may be eligible to serve on the Board of Directors as an Officer or Director, to serve on committees, and to vote.
  4. Any organization that submits a membership form that is duly registered by the Alliance by dates set forth by the Executive Council and which is current with any annual dues as of the date of the annual meeting is an organizational member in good standing. Each Lead Organizational representative must complete an individual ERA-NC membership form but is afforded only one vote as a representative at full membership body meetings.

 
3. TERMS OF SERVICE: The terms of the Board of Directors shall be two years for Officers and two years, for Directors with half the Directors to be elected each year by the full membership body with votes as specified in Section 2.a. 

  1. No Director shall serve more than two full consecutive terms. A Director who has left the Board because of a term limit may be reelected or reappointed to the Board after a period of one year. 
  2. Officers shall serve no more than two consecutive two-year terms. Officers may serve a third consecutive two-year term upon a special vote by the full membership body at an annual meeting.

 
4. ELECTIONS:  The annual meeting will be October 6, 2018. Elections will be held at the annual meeting. Those elected will take office January 1, 2019.  (Venue and lodging details provided below.)

  1. Candidates may run for an Officer position and a Director position. Officers will be elected first. In the event a candidate is elected as an officer, their name shall be removed as a Director candidate.
  2. Eligible members interested in running for any position(s) will self-declare as candidates, sending a concise biography to the Nominating Committee Chair in a message that also designates the position(s) for which they are running by August 10th. 
  3. The Nominations Committee will coordinate efforts to ensure that the eligible, self-declared candidates for Officers and Directors are posted on the ERA-NC Alliance website. Additionally, the Nominations Committee will interview candidates for Officer positions and nominate a slate of Officers. Other nominations for Officers and Directors can be made from the floor at the annual meeting.

 
5. ANNUAL MEETING DEADLINES:
August 10 – All candidate names, bios are to be to the Chair of Nominating Committee – Ann Von Brock (alvonbrock@gmail.com)
August 20 – All candidacies received to date will be vetted for eligibility.
Sept 6 – All eligible candidates’ names received, will be posted to website (30 days before meeting)
Sept 23 – All eligible voters will have submitted appropriate membership forms to Membership Chair to be received and duly registered in advance of the Annual Meeting. – Questions? Contact: Virginia Adamson (membership@era-nc.org)
Oct. 6 – Annual Meeting (nominations can be taken from floor)
 
6. JOB DESCRIPTIONS:
Officers

  1. The Co-Presidents shall be the chief officers of the Alliance and shall jointly have general charge and supervision over and responsibility for the affairs of the Alliance. Each Co-President will act in the absence of the other or with written notification by the other that she/he is unable to carry out her/his duties.
  2. The Co-Presidents shall perform all the duties required and may interchangeably preside over all meetings, sign all official documents, and execute all other duties that usually devolve upon a president.
  3. The First Vice-President shall preside at all meetings in the absence of the Co-Presidents or at their request. The First Vice President shall serve as Chair of the Fundraising Committee. The First Vice-President shall succeed to the office of Co-President in the event of a vacancy in that office during the two-year term of office. Upon completion of the term of office, the First Vice-President shall transfer all appropriate records to the successor.
  4. The Second Vice-President shall preside at all meetings in the absence of the Co-Presidents and First Vice-President. The Second Vice-President shall be Chair of the Public Relations Committee. This office shall succeed to the office of Co-President in the event of vacancies in the offices of Co-Presidents and First Vice-President. Upon completion of the term of office, the Second Vice-President shall transfer all appropriate records to the successor.
  5. The Third Vice-President shall preside at all meetings in the absence of the Co-Presidents and First and Second Vice-President. The Third Vice-President shall be Chair of the Membership Committee. This office shall succeed to the office of Co-President in the event of vacancies in the offices of Co-Presidents and of the First and Second Vice-Presidents. Upon completion of the term of office, the Third Vice-President shall transfer all appropriate records to the successor.
  6. The Secretary shall keep all minutes of the meetings of the Alliance. The Secretary shall perform such other duties and possess such powers as are incidental to the office or as shall be assigned by the Co-Presidents or the Board of Directors.
  7. The Treasurer shall accurately keep all financial records, maintain all banking accounts, make deposits, issue properly authorized payments, and make regular written and oral reports on money received and expended to the Board of Directors or Executive Council as directed. The Treasurer shall make all records available for audit and shall turn over all records to the succeeding Treasurer within thirty (30) business days of the end of the term of office.

 
Directors
The Directors exercise powers and authority to manage the business, property, and affairs of the Alliance. Directors perform such lawful actions and duties as it deems proper and appropriate to promote the purposes and objectives of the Alliance. Directors may delegate as necessary such affairs, business, and property to the Executive Council. Directors appoint chairs of standing or ad hoc committees by a majority vote unless otherwise specified by the bylaws. Directors are expected to attend meetings and actively serve on committees to include acting as committee chairs when appointed/elected.