FROM THE PUBLISHER ’ S DESK
America loves to talk about “ equality ,” a subject that is ironically difficult to talk about in America .
Last month , Reps . Carolyn Maloney ( D-N . Y .) and Jackie Speier ( D-Calif .) introduced a resolution that would enshrine the Equal Rights Amendment in the U . S . Constitution — finally , nearly a century after it was first proposed and 50 years after being approved by Congress .
The resolution noted that the ERA has met all legal requirements to be considered the 28th constitutional amendment . A proposed amendment becomes part of the Constitution after being ratified by 38 states . On Jan . 27 , 2020 , Virginia became the 38th state to ratify the ERA , which was to go into effect exactly two years from then . Hence the end of the waiting period on Jan . 27 , 2022 .
If enshrined into the Constitution , the ERA would guarantee that “ constitutional rights may not be denied or abridged on account of sex .”
President Biden has called on Congress “ to act immediately to pass a resolution recognizing ratification of the ERA .”
“ We must recognize the clear will of the American people and definitively enshrine the principle of gender equality in the Constitution . It is long past time that we put all doubt to rest ,” Biden said . “ No one should be discriminated against based on their sex — and we , as a nation , must stand up for full women ’ s equality .”
It ’ s odd that sealing the deal for the ERA is tackled laboriously as if it is a novelty , despite the already growing number of women-centric national and local statutes .
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Some are more equal than others
There were even curious attempts to impede it by virtue of bureaucratic claptrap . In January 2020 , the Justice Department under the Trump administration issued a memo blocking the ERA from becoming law , arguing that “ the latest states to ratify the ERA cannot actually do so because the deadline to ratify the ERA expired . Therefore , the National Archives would not be able to certify the amendment .”
The DOJ ’ s memo suggested that the only waythe ERA could be ratified was to rewind the process way back to the beginning — have it reintroduced to restart the ratification exercise .
Last month , the DOJ — now under the Biden administration — questioned the prudence of the 2020 memo . However , DOJ did not recall it , suggesting that it would be up to the courts and Congress to determine the ERA ’ s inclusion into the constitution .
“ We ’ ve ratified the ERA ; now it ’ s time to enshrine it into our Constitution , “ Speier said in a statement .
Meanwhile , somewhere in the Pacific and the Caribbean live 4 million Americans who are left out of constitutional “ equal rights .”
For Guam , Northern Marianas , Puerto
America ’ s long struggle to institute the ERA parallels the U . S . territories ’ quest for “ equal protection rights ,” which according to the century-old Insular Cases , they are not entitled to .
Rico , American Samoa and U . S . Virgin Islands , “ equal rights ” is a holy grail . Territorial citizens can ’ t vote for president and do not have voting representatives in the U . S . Congress .
America ’ s long struggle to institute the ERA parallels the U . S . territories ’ long quest for “ equal protection rights ,” which according to the century-old Insular Cases , they are not entitled to .
Besides voting rights , other sticky questions involve federal benefits and programs — such as social security income for the needy , aging and disabled — that are not extended to geographically-isolated Americans .
“ As to the issue of equal protection , the U . S . government contends that the constitutional requirement of equal application of the law only applies to protected classes of individuals and does not apply to geographical locations ,” the U . S . government argued in the case of U . S . v . Vaello-Madero during oral arguments in the Supreme Court last year .
We eagerly wait for the U . S . Supreme Court ’ s landmark decision , wondering if our fate will finally change and thrust us into a new era after more than a hundred years .
Publisher / Editor-in-Chief Mar-Vic Cagurangan publisher @ pacificislandtimes . com
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