Saturday, June 28, 2008

Gaetz Hates History, Facts

Kudos go to State Senator Don Gaetz for supporting the Equal Rights Amendment. Clearly it's the right thing to do. But in explaining his support for the Amendment, he ignores reality and history:


"I think it's historically inaccurate that liberals have tried to hijack equal rights. It's an improper characterization to label it a liberal issue."


This is complete nonsense and 100% historically wrong. It has always been liberals that support and fought for equal rights, in all definitions of that phrase. It is Gaetz that is trying to hijack the issue. It is true that we shouldn't have to label it as a liberal issue, but history and facts clearly say we do. Any look at the voting records of liberals and conservatives on equal rights issues clearly shows that, in general, liberals favor equal rights laws and conservatives oppose it. Even on this issue, if you look at the states that haven't ratified the ERA, you'll find some of the most conservative states and legislatures in America.

Gaetz is misleading, but a little more honest, when he goes on:


"Equal rights, in general, and the Equal Rights Amendment, specifically, started as a Republican principle," said Gaetz.


This is technically true. But it happened when the Republican party was the liberal party. Since then, things have changed.

1 comment:

Toni Craig Attorney said...

I recently wrote a legal opinion about this issue because a group wants one of the local governments I represent to endorse a resolution supporting ratification of the ERA. That legal opinion is public records, and I'd like to share it here for edification.

"Between 1972 – 1979, the Equal Rights Amendment to the United States Constitution failed to win ratification by 38 states. Of the 35 states originally approving the amendment during that time, five states subsequently rescinded their approval. In 1982, the United States Supreme Court declared: 'that a state has the power and right to rescind a prior ratification of a proposed constitutional amendment at any time prior to the unrescinded ratification by three‐fourths of the states of the United States properly certified to the General Services Administration; and declares that the ratification by Idaho of the twenty-seventh
amendment was properly rescinded and such prior ratification is void, as is the ratification of any other state that has properly rescinded its ratification.' The Court further declared that Congress' attempted extension of the time for the ratification of the twenty-seventh amendment was null and void.”

Therefore, by declaration of the US Supreme Court, the 1972 ERA process must start over from scratch. In 2007, U.S. House Joint Resolution 40 or U.S. Senate Joint Resolution 10 could have started that process again. However, H.J. Res 40 did not make it past introduction, and S.J. Resolution 10 did not make it out of the Senate Judiciary Committee."

The current ERA-affectionate groups are arguing a 3-state strategy that is contra to the decision of the 1982 US Supreme Court decision. In my opinion, the energy of Florida Progressives are truly better expended in efforts that may help to curtail the encroachment by the state legislature into the home rule powers of local government.

Senator Gaetz has been a local government official; I believe he understands the reliance of citizens on their local governmental entities. There is no greater power of influence on our every day lives than the power to locally tax and ignore personal needs for the benefit of the entire county, city, or district.

However, what may be lost in his work at the state level is the effect of the paternalistic attitude of the Republican state legislature on our local governments. I'm compiling a different comment on that issue now. Thanks for reading.

toni