A bill taking the first step in adding an equal rights amendment to the Delaware Constitution has been defeated in the Senate.
Rep. Valerie Longhurst, who introduced the bill, has criticized the male Senators who voted against the bill for not supporting women’s rights.
Among those lawmakers, Sen. Greg Lavelle issued a statement explaining his opposition to the current language of the bill:
“There is great uncertainty about judicial interpretation of the amendment’s language, especially given that judges consider, but are not bound by, legislative intent. Given this uncertainty and difference of opinion, it is my responsibility to take steps to make the intent plainly clear in the amendment’s language, and to whatever extent possible, prevent these questions from defaulting to a judge or court.”
In particular, he expressed concern that the ERA would lead to state-funded abortion, which he opposes.
The amendment would have provided a legal foundation for fighting discrimination on the basis of sex. Right now, equal rights cases are fought based on a patchwork of laws and legal precedents.
The bill passed the house with 34 votes for and five against. It got a narrow majority in the Senate, but it did not meet the three-fourths majority required of constitutional amendments.
Gov. John Carney expressed regret at the defeat:
“I am disappointed in today’s vote in the Delaware Senate to defeat the Equal Rights Amendment. This legislation is an opportunity for us to lay out clearly in the Delaware Constitution the importance of equal rights for women. It is the right thing to do. We owe it to all Delaware women to pass this legislation. I want to recognize all the legislators who stood up and voted for this legislation. I hope the Senate finds a way to reconsider this amendment this session.”
