WEST virginia legislature

2022 regular session

Introduced

Senate Joint Resolution 10

By Senators Geffert, Stollings, Caputo, and Lindsay

[Introduced February 16, 2022; referred
to the Committee on the Judiciary; and then to the Committee on Finance]

Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof, by adding thereto a new section, designated section 23, relating to preserving equality under the law on the basis of sex; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of the members elected to each house agreeing thereto:

That the question of ratification or rejection of an amendment to the Constitution of the State of West Virginia be submitted to the voters of the state at the next general election to be held in the year 2022, which proposed amendment is that article III thereof be amended by adding thereto a new section, designated section 23, to read as follows:

ARTICLE III. Bill of rights.

§23. Equal Rights Amendment.

(a) Equality of rights under the law shall not be denied or abridged by the State of West Virginia on account of sex.

(b) The West Virginia Legislature shall have the power to enforce, by appropriate legislation, the provisions of this section.

(c) This amendment shall take effect two years after the date of ratification.

Resolved further, That in accordance with the provisions of article eleven, chapter three of the Code of West Virginia, 1931, as amended, such amendment is hereby numbered “Amendment No. 1” and designated as the “Equal Rights Amendment” and the purpose of the proposed amendment is summarized as follows: “An amendment to protect and preserve equal rights under law in this state on the basis of sex.”

NOTE: The purpose of this resolution is to propose an Equal Rights Amendment to the West Virginia Constitution.

Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.