Equal Rights Amendment likely to pass in early 2019: How will that change government?

Scott Goss
The News Journal

An equal rights amendment to the state constitution and higher income tax brackets will be among the first nine bills introduced in the Delaware General Assembly's 150th session, which officially gets underway on Jan. 9.

Only one of them has a clear path to become law, however.

The Legislature passed the Delaware ERA earlier this year and is expected to quickly approve the measure a second time – a double-approval required of all constitutional amendments.

House Majority Leader Valerie Longhurst, D-Bear, speaks during a rally for the Delaware Equal Rights Amendment on the steps of Legislative Hall in March 2018.

"We've waited long enough," said the legislation's prime sponsor House Majority Leader Valerie Longhurst, D-Bear. "After 46 years, the time has finally come for Delaware to recognize women on the same level as men."

Co-sponsored by all 15 women in the Legislature, House Bill 1 would add a single sentence to the state constitution: "Equality of rights under the law shall not be denied or abridged on account of sex."

Supporters argue the measure would extend protections now listed in only a few sections of Delaware law across the state's entire legal framework.

They say the explicit prohibition would strengthen future gender-based violence claims, lay the groundwork for better workplace discrimination standards and provide a solid foundation for future laws relating to equal treatment.

To ease Republican concerns about the proposal's intent, lawmakers last year added language to the bill that makes it clear the change applies only to state and local governments.

They also noted that "other compelling interests, such as privacy, may inform the State's decision to support permissible single sex services or programming," among other provisions.

A rally for the Delaware Equal Rights Amendment took place on the steps of Legislative Hall in March 2018.

The push for an equal rights amendment to Delaware Constitution is part of a nearly 100-year fight for stronger equality laws at both the federal and state level.

First introduced in Congress in 1921, it took 51 years to win passage and head to the states for ratification. Delaware was one of the first states to approve the proposed amendment to the U.S. Constitution, which ultimately came up three states short of the 38 needed to become law.

Since then, 24 states – including Pennsylvania, Maryland and New Jersey – have passed equal rights amendments to their own constitutions. But similar measures failed to gain traction in Delaware's General Assembly, including attempts in 2016 and 2017.

The General Assembly made history in June when the proposed ERA cleared both chambers. Gov. John Carney's signature is not required on constitutional amendments, meaning the measure would automatically become law if it passes the Legislature again next year.

"This is an opportunity to kick off the new year with a bill that has solid, bipartisan support," Longhurst said. "I think it will be a signal that we can compromise and come together to do what is right and in the best interests for the state."

Those feelings of goodwill likely will not extend to some of the other legislation introduced Thursday.

Rep. John Kowalko, D-Newark

Newark Democrat Rep. John Kowalko's perennial bill to establish new tax brackets has a limited chance of success – at least for now.

Delaware's income tax rates now top out at 6.6 percent for anyone who earns more than $60,000. Kowalko has been trying since 2015 to add higher rates for residents who make more than $125,000 and $250,000.

Those measures, however, require a three-fifths supermajority. This year that would mean virtually every Democrat in the House and Senate would need to vote in favor, along with one Republicans senator.

That's unlikely to happen without a major compromise deal on the table.

A similar effort backed by House and Senate leaders as part of such compromise deal still failed in 2017 when Rep. Andria Bennett, D-Dover, withheld her support, pushing the legislative session beyond June 30 for the first time in a generation.

Contact reporter Scott Goss at (302) 324-2281, sgoss@delawareonline.com or on Twitter @ScottGossDel.