Gov. Newsom, don’t forget about the first 28th Amendment: Equal rights for women | Opinion
Last week, Gov. Gavin Newsom proposed adding a 28th Amendment to the U.S. Constitution to enshrine fundamental, broadly supported gun safety measures into constitutional law. The proposal — a bold, unapologetic and admirable leap toward greater gun control measures nationwide — would raise the federal minimum age to purchase a firearm from 18 to 21; mandate universal background checks; institute a waiting period for all gun purchases; and bar civilian purchases of assault weapons.
Sounds great. The only problem is that we already have a 28th Amendment waiting to be ratified: It’s called the Equal Rights Amendment.
Dormant but definitely not forgotten by a legion of young and progressive voters who are rapidly becoming the county’s most dominant voting bloc, the ERA is a constitutional amendment proposal that would guarantee legal rights for all Americans regardless of sex.
Notably, the proposed amendment was written exactly 100 years ago, in 1923. It came extremely close to ratification in 1978 when 35 states voted to ratify (including the state of California, which ratified the federal ERA in November of 1972). Ratification, however, requires the support of at least 38 states.
Despite there being no mention of a ratification timeline in Article V of the Constitution, the ERA was given a seven-year deadline for ratification. By the time the ERA deadline came to pass, no additional states had opted to ratify the proposed amendment.
Although a handful of attempts have been made in the decades since by federal legislators to formally ratify the ERA, it has effectively languished for lack of a few measly votes.
“Equal rights for women shouldn’t be delayed because of an arbitrary deadline,” California Sen. Dianne Feinstein said last year. “Now that enough states have ratified the amendment, it’s time for the Equal Rights Amendment to go into effect so that women are finally provided equal protection under the Constitution.”
There are only 27 amendments to the U.S Constitution. No matter how worthy Newsom’s 28th Amendment idea is, the co-opting of the “28th Amendment” title by Newsom and his staff is an insult to every American woman who has waited literal decades for the federal government to formally recognize our constitutional right to equality under the law.
Newsom should reinvigorate support for the actual 28th Amendment — the ERA — and use the momentum to push for a 29th Amendment that proposes more serious, life-saving gun control measures. Both amendments should be given a vote in the Senate.
How can our country ever expect to solve a problem as seemingly insurmountable as the uniquely American tragedy of mass shootings if we can’t even agree on something as basic and fundamental as equal rights?
This story was originally published June 16, 2023 at 6:00 AM.
