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On Jan. 16, the Delaware Legislature completed the process of adopting an Equal Rights Amendment to its state constitution. It reads: “Equality of rights under the law shall not be denied or abridged on account of sex.” Delaware now joins the list of states providing textual protection from gender discrimination. Notably, it is the only state in the Union that does not require proposed state constitutional amendments to be submitted to the voters for ratification. Rather, if an amendment passes both houses by a two-thirds majority, it is published before the next general election. If it once again passes by a two-thirds majority after the election, it becomes part of the constitution.

The list of states with ERAs, however, often leaves out New Jersey despite the fact that, since 1947, our state constitution has banned sex discrimination.

The 1947 Constitutional Convention included eight women out of 81 elected delegates. These women pressed for, among other things, an equal rights amendment. After much negotiation, the delegates agreed to propose an amendment to the 1844 Art. I, section 1, that would change the word “men” to “persons,” thus reading “ All persons are by nature free and independent….” The convention also proposed a new Art. X, section 4, providing that words like “person … shall be taken to include both sexes.” It is clear from the convention records that these changes were intended to provide equal rights for women. Lest this approach was seen as a “stealth” ERA, the explanation of the new constitution provided to the voters made its purpose very clear.

In 1977 the New Jersey Supreme Court recognized, in Peper v. Princeton University, that these changes constituted an ERA that could be applied, at least in the employment context, even without state action.

So, the Delaware milestone can serve as a reminder to those in our state that we too have a state ERA.