Illinois Resolution Urging Adoption of New ERA (HJR 138)
This law was last updated on Jun 7, 2018
HJR 138 urges the United States Congress to adopt a modified Equal Rights Amendment (ERA), to include abortion-neutral language, and send it to the states for ratification.
The 1972 ERA reads:
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.
Section 2: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
Section 3: This amendment shall take effect two years after the date of ratification.”
The abortion-neutral language, which the resolution would like to include and was first introduced in 1983 by Congressman F. James Sensenbrenner, reads:
“Nothing in this Article shall be construed to grant, secure, or deny any right relating to abortion or the funding thereof.”
While this language was rejected at the time, anti-choice groups such as the National Right to Life Committee (NRLC), have since insisted on the need for adoption of an “abortion-neutral amendment” to any federal ERA.
HJR 138 seeks to pass the modified ERA to “ensure ERA’s neutrality on taxpayer funded abortion, parental notice prior to an abortion, and other regulations on abortion.”
The preamble of the resolution includes much of the same language found in an NRLC memo to the Illinois House of Representatives from April 26, 2018, opposing the ratification of the 1972 federal ERA.
The resolution was introduced on the same day that the Illinois General Assembly approved the original Equal Rights Amendment.