Kelly Armstrong on Civil Rights

Gender neutral terms in state laws, for same-sex marriages

The Supreme Court in 2015 declared that same-sex couples have the right to marry nationwide, and a federal judge ruled shortly afterward that North Dakota's ban on gay marriage was unconstitutional.

GOP Sen. Kelly Armstrong said rejecting the measure is only symbolic since same-sex marriage is now legal nationwide. "I think it's a pretty drastic over-estimation that we would end up in litigation if we don't pass this bill," Armstrong said.

Legislative Outcome: Bill Failed Senate, 15-31-1, Jan. 10, 2017 ; Sen. Kelly Armstrong voted YEA.

Don't add sexual orientation to definition of discrimination

• ADDED "sexual orientation" to the definition of state policy against discrimination: "It is the policy of this state to prohibit discrimination on the basis of race, color, religion, sex, national origin, age, the presence of any mental or physical disability, or sexual orientation This status applies to employment relations, public accommodations, housing, state and local government services, and credit transactions.
• DEFINES "sexual orientation" as actual or perceived heterosexuality, bisexuality, homosexuality, or gender identity.
• DEFINES "gender identity" means actual or perceived gender-related identity, appearance, or mannerisms, or other gender-related characteristics of an individual, regardless of the individual's designated gender at birth.

Legislative Outcome:
• Senate vote 25-22-0 on Feb. 17
• House vote 35-56-3 on April 2, 2015 (bill failed)

Keep deadline for ratifying Equal Rights Amendment.

H.J.Res.17: Removing the deadline for the ratification of the equal rights amendment: This joint resolution eliminates the deadline for the ratification of the ERA, which prohibits discrimination based on sex. The amendment was proposed to the states in House Joint Resolution 208 of the 92nd Congress, as agreed to in the Senate on March 22, 1972. The amendment shall be part of the Constitution whenever ratified by the legislatures of three-fourths of the states.

Opinion to vote YES (Rep. Terri Sewell (D-AL-7): The ERA was first proposed in 1923, shortly after women gained the right to vote. [The original] 1979 deadline was later extended before it expired. By the end of 1982, 35 of the 38 required state legislatures had voted to ratify the ERA. Nevada ratified the ERA in 2017, Illinois in 2018 and, in January 2020, Virginia became the 38th and final state required to ratify it. If passed in the Senate, H.J. Res. 79 would remove the arbitrary 1982 deadline.

Opinion to vote NO (Rep. Doug LaMalfa (R-CA-1): H. J. Res 17 would retroactively remove the deadline for the ratification of the Equal Rights Amendment. Regardless of your thoughts on the ERA, the deadline for the states to ratify the amendment expired four decades ago. By passing this resolution, House Democrats are virtue signaling and trying to take a shortcut around what is required in our constitutional amendment process. Those who want to pass an ERA will need to start this process from the beginning. Today's vote mocks the intentionally high bar set by our Founders to make changes to our precious Constitution.

Legislative Outcome: Passed House 222-204-4 on 03/17/2021; received in the Senate and read on 3/23. [OnTheIssues notes on the duration for ratification that the 27th Amendment to the United States Constitution was passed by Congress in 1789 and was ratified by 3/4 of the States and became law in 1992, a ratification period of 202 years].