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Diversity , Equity & Inclusion Committee Chairs : AlexisDionDeveaux — Gunster & AntinaMobley – PublicDefender ’ sOffice , 13thCircuit
An important aspect of the diversity , Equity & Inclusion committee is staying abreast of current events and developments in the law . The ongoing debate over The Equal rights Amendment ( ErA ) and the right of women to have an abortion after 15 weeks of pregnancy are hot topics in the courts , and in the media around the nation .
The ErA was originally proposed by the United States Congress on March 22 , 1972 . It was then sent to the States for ratification . For the amendment to be added to the Constitution , it needed to be approved by three-fourths of the states ( 38 out of 50 ) by the deadline of March 1979 , later extended to June 30 , 1982 . On March 17 , 2021 , Congress passed a joint resolution to remove the deadline . The ErA reads as follows :
“ SECTIOn 1 . Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex .”
The ErA was never ratified by the state of Florida . The number of states needed to ratify was achieved on January 15 , 2020 , when Virginia became the 38th state . However , the Archivist of the United States still must publish and certify the ErA for it to take effect , and has refused to do so as the last needed ratifications came after the
original deadlines had passed . The United States district Court for the district of Columbia agreed with the archivist . See Virginia v . Ferriero , 525 F . Supp . 3d 36 , ( d . d . C . 2021 ). This case is on appeal . See id .
The debate regarding the overturning of Roe v . Wade , 93 S . Ct . 705 ( 1973 ), by the United States Supreme Court is playing out in Florida . The Supreme Court , on June 24 , 2022 , held that “ abortion is a matter to be decided by states and the voters in the states .” Some states have interpreted this to mean they are able to ban abortion unilaterally . Florida passed legislation , effective July 1 , 2022 , prohibiting abortions after 15 weeks , with exceptions if the procedure is necessary to save the pregnant woman ’ s life , prevent serious injury , or if the fetus has a fatal abnormality . It does not allow exceptions in cases where pregnancies were caused by rape , incest or human trafficking . The penalties for violation of the law include up to five years in prison , and medical professionals could lose their licenses and be subject to fines of $ 10,000 for each violation .
A provision of the Florida Constitution is potentially in direct opposition to Florida ’ s new abortion law . This provision
“ equalityofrights underthelawshall notbedeniedor abridgedbytheunited statesorbyanystate onaccountofsex .”
provides greater privacy rights than the United States Constitution , as it includes an explicit right to privacy . Under Article I , Section 24 , Fla . Constitution , the Florida Supreme Court has found that the Florida constitutional right to privacy includes the right to decide whether or not to continue a pregnancy . The Court has said that until the end of the first trimester , the decision must be left to the woman and may not be significantly restricted by the state . After the first trimester , until the fetus is capable of meaningful life outside of the womb , the state can only regulate abortion based on its interest in maternal health . Once the fetus has reached viability , the state can regulate abortion in the interest of the unborn child if the mother ’ s health is not in jeopardy . regardless of where opinions fall , ultimately women ’ s rights will continue to be affected for so long as the legal debate rages on . n
Author : Amy Casanova- Ward – State Attorney ’ s Office , 13th Judicial Circuit
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