By Thompson, Conley, Dukes, Ehrhardt H.J.R. No. 101
74R1138 CCK-D
A JOINT RESOLUTION
1-1 applying to the Congress of the United States to call a convention
1-2 for the specific and exclusive purpose of proposing an amendment to
1-3 the Constitution of the United States to provide for equal legal
1-4 rights for men and women.
1-5 WHEREAS, Since December of 1923, when joint resolutions on
1-6 the subject were first introduced during the 68th Congress--in the
1-7 House of Representatives by Representative Daniel R. Anthony, Jr.,
1-8 a Republican from Kansas, and in the Senate by Senator Charles
1-9 Curtis, also a Republican from Kansas, who later became
1-10 Vice-President of the United States under Herbert
1-11 Hoover--supporters of gender equity have sought an amendment to the
1-12 United States Constitution to provide for equal legal rights for
1-13 men and women; and
1-14 WHEREAS, Because of the tireless efforts made by
1-15 Representative Martha W. Griffiths, a Democrat from Michigan, the
1-16 92nd Congress on March 22, 1972, adopted House Joint Resolution No.
1-17 208 and, in doing so, submitted a proposed Equal Rights Amendment
1-18 to the state legislatures; during the decade before the expiration
1-19 of the allotted time period for its ratification, the amendment
1-20 garnered the support of 35 states, including Texas during the 2nd
1-21 Called Session of the 62nd Legislature; at various times, it was
1-22 also approved by one chamber of the legislatures of the states of
1-23 Florida, Illinois, Louisiana, Missouri, Nevada, North Carolina,
1-24 Oklahoma, and South Carolina but, ultimately, it fell short of the
2-1 38 full state ratifications necessary to become part of the United
2-2 States Constitution; and
2-3 WHEREAS, The adoption of such an amendment remains
2-4 nevertheless a commendable route to equal legal rights for both
2-5 genders, as it would institute a strict-scrutiny test for judicial
2-6 evaluation of actions distinguishing between the legal treatment of
2-7 men and the legal treatment of women; and
2-8 WHEREAS, Article V of the United States Constitution offers
2-9 two methods for the proposal of a constitutional amendment, one by
2-10 initiation of the United States Congress and the other by
2-11 initiation of the legislatures of two-thirds of the states; now,
2-12 therefore, be it
2-13 RESOLVED, That the 74th Legislature of the State of Texas,
2-14 Regular Session, 1995, hereby make application to the United States
2-15 Congress to propose and submit to the states an amendment to the
2-16 United States Constitution to provide for equal legal rights for
2-17 men and women or, alternatively, to call a convention under Article
2-18 V of the United States Constitution for the sole, specific, and
2-19 exclusive purpose of proposing such an amendment; and, be it
2-20 further
2-21 RESOLVED, That the congress, or delegates to the convention,
2-22 if called, be respectfully requested to entertain the following
2-23 text for an amendment:
2-24 "ARTICLE ________
2-25 "SECTION 1. Equality of rights under the law
2-26 shall not be denied or abridged by the United States,
2-27 or by any State, on account of gender.
3-1 "SECTION 2. The Congress shall have authority to
3-2 enforce this article by appropriate legislation.
3-3 "SECTION 3. This article shall take effect two
3-4 years after the date of its ratification.
3-5 "SECTION 4. This article shall be inoperative
3-6 unless ratified, in accordance with Article V of this
3-7 Constitution, within ten years of its submission for
3-8 ratification."; and, be it further
3-9 RESOLVED, That, except as otherwise provided in this
3-10 resolution, this application by the Texas Legislature constitute a
3-11 continuing application in accordance with Article V of the United
3-12 States Constitution until at least two-thirds of the legislatures
3-13 of the several states have made application for a convention to
3-14 propose a gender equity amendment; and, be it further
3-15 RESOLVED, That this application for a constitutional
3-16 convention on the subject of equal legal rights for men and women
3-17 be automatically rescinded if:
3-18 (1) the United States Congress adopts, before 90 days after
3-19 the legislatures of two-thirds of the states have made application
3-20 for a convention, an amendment to the United States Constitution
3-21 containing provisions similar in subject matter to this request;
3-22 (2) the United States Supreme Court holds that the United
3-23 States Congress cannot call a constitutional convention limited
3-24 solely and exclusively to that subject matter; or
3-25 (3) a convention called pursuant to this resolution
3-26 otherwise transcends that limited subject matter; and, be it
3-27 further
4-1 RESOLVED, That the Texas secretary of state forward official
4-2 copies of this resolution to the vice-president of the United
4-3 States, to the speaker of the United States House of
4-4 Representatives, and to all members of the Texas delegation to the
4-5 congress, with the request that this resolution be entered
4-6 officially in the Congressional Record as an application to the
4-7 Congress of the United States of America for a convention to
4-8 propose a federal constitutional amendment to provide for equal
4-9 legal rights for men and women; and, be it further
4-10 RESOLVED, That official copies of this resolution be prepared
4-11 for the presiding officers of the legislatures of the other states
4-12 for their consideration.