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.