From Ellie Smeal and Kathy Spillar <[email protected]>
Subject Ever so close, we can do it
Date March 30, 2023 11:10 PM
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Renew your support before it’s too late

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Dear John,Thanks to your support of the Committee to Recall Judge Persky and the Enough is Enough Voter Project, you’ve already helped take on big-name politicians who didn’t take sexual assault or violence against women seriously.

Today, I’m urgently asking you to swing into action [[link removed]] again in what could be one of the BIGGEST and MOST IMPORTANT efforts to hold abusers accountable when it comes to sexual assault and violence against women.

It’s so important that I have joined forces with the Feminist Majority Foundation, a powerful grassroots organization that shares our demand for equality, and which also has a long history of securing stronger laws to battle sexual assault and violence against women.

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Why We Must Act

When the Violence Against Women Act (VAWA) was passed in 1994, it provided a civil rights remedy that enabled survivors of sexual assault to hold their abusers accountable in federal civil court — even when local officials disbelieved or took no action. The proponents of VAWA argued that since criminal prosecutions for sexual assault and gender violence were rare, Congress needed to intervene.

But in 2000, the U.S. Supreme Court struck down the civil rights remedy, declaring Congress did not have the power to pass laws against gender violence because the crime was a matter for the states. The Court’s decision went even further, declaring there was no right under the 14th Amendment’s Equal Protection Clause to be free from gender-based violence.

All that could change with the Equal Rights Amendment [[link removed]] , which simply states:

Equality of rights under the law shall not be denied or abridged, by the United States or by any state on account of sex.

With the ERA ratified, the Supreme Court can no longer claim sex equality isn’t covered in the Constitution. The ERA will take care of that. Most importantly, it will spark Congress to enact new, tougher laws on gender-based violence.

You and I can help. Right now.

Demand that Congress recognize the Equal Rights Amendment has been ratified. By sending these Petitions to your Senators, you can get the ball rolling. [[link removed]] Today.

Hold Abusers Accountable [[link removed]]

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So how do we get the ERA into the Constitution?

After 50 years of struggle, the ERA is now set to become part of the Constitution. Congress passed it in 1972 and the required 3/4ths of the states (38) completed ratification in 2020. BUT... there’s a problem: in 1972 Congress added to the preamble of the ERA an arbitrary timeline of 1979 (which Congress later changed to 1982) to complete the ratification process.

The Constitution itself imposes no time limit on ratification of proposed amendments, and many constitutional law scholars believe the timeline is not binding because it’s in the preamble of the ERA, not the actual text of the ERA that the states voted on.

But that didn’t stop the Trump Justice Department from blocking the final enshrinement of the ERA in the Constitution, using the timeline as an excuse. The Biden Justice Department has set aside the Trump obstacle, clearing the way for Congress to act.

Now, pro-women’s rights members of the House and Senate have introduced a Joint Resolution to remove the timeline and declare the ERA has been ratified. Passage by a simple majority in the House and Senate will remove any doubt about ratification and formally enshrine the ERA as the 28th Amendment.

To pass this session, supporters may have to overcome a filibuster in the Senate and the Republican leadership in the House, who can refuse to allow the Resolution to come to the floor for a vote. There are strategies to get around both obstacles — but it will take massive organizing to succeed [[link removed]] . We’re starting with the Senate.

Our job is to help pass this Resolution and get all members of Congress on record as being “FOR” or “AGAINST” the ERA.

FOR or AGAINST giving women the right and the power to hold their abusers accountable.

Take Action Now → [[link removed]]

We’re starting with the Senate, because a floor vote on the ERA has been scheduled for this month. So please take action on your ERA YES PETITION to your Senators right now. [[link removed]]

As you’ve done so many times in the past, please take action today. [[link removed]] Help make history tomorrow.

Michele Dauber, Founder of the Enough is Enough Voter Project
Eleanor Smeal, President of Feminist Majority Foundation

P.S. Please don’t delay. We want to put Congress’ feet to the fire and get ‘em on the record. If they won’t pass the ERA Resolution this year, we can hold them accountable in 2024. Thank you for acting today. [[link removed]]

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