Published on May 13, 2020

The Town Council on May 11, 2020 adopted a resolution urging the Legislature to add an equal-rights amendment to the Maine constitution, subject to voter ratification.

Councilors voted 4-2 to adopt the resolution, presented by Cape Elizabeth State House Representative Anne Carney.

It's been more than 40 years since the Maine Legislature voted to ratify the equal-rights amendment to the U.S. Constitution, but when it did so it failed to amend its own constitution, said Carney. The 100th anniversary of women's suffrage and the 200th anniversary of Maine's statehood has renewed interest, Carney said, prompting South Portland Representative Lois Reckitt to draft a bill for an amendment that explicitly prohibits discrimination based on the sex of an individual.

The resolution is circulating among municipalities to build momentum for passage of the bill, Carney said. She did not have an exact count, but estimated 20 towns and cities have approved the resolution, including Portland, Bangor and Gray. "I would urge you to add Cape Elizabeth's voice to the municipalities throughout the state that are speaking up for adoption of the equal rights amendment," Carney said.

Here is the wording for the proposed amendment:
"Equality of rights under the law shall not be denied or abridged by the State or any political subdivision of the State based on the sex of an individual. The Legislature has the power to enforce this section by appropriate legislation."

Voting against the resolution were councilors Caitlin Jordan and Penny Jordan. Penny Jordan said she was concerned that the wording did not clearly address gender identification; and, she said, "I see this as a gesture and not a need. I don't see that there's an issue in the state of Maine that requires this, a constitutional change."

Carney said she appreciated the concerns, but that a constitutional protection, which requires a two-thirds vote of the Legislature and voter ratification, is stronger than a law that could be overturned by a simple majority. "I think that that's very valuable and provides security to advancing equality in all of our policies in Maine," she said.

Valerie Deveraux, who voted for the resolution, said, "I think that we're sending a message that as Cape Elizabeth we believe that this is important to create an amendment that establishes these rights ... that we can't discriminate based on sex."

Carney said her hope is for the Legislature to pass the bill in time for voter ratification in November, but because of coronavirus stay-at-home orders, it is unclear when the Legislature will meet again.