In a recent development, the archivist and deputy archivist of the United States have issued a joint statement asserting that the 1970s-era Equal Rights Amendment (ERA) cannot be certified without further action by Congress or the courts. This announcement comes as Democrats urge President Joe Biden to take unilateral action on the ratification of the ERA before the end of his term next month.
The ERA, which aims to prohibit discrimination based on sex and ensure equal rights for men and women under the law, was initially sent to the states by Congress in 1972. States were given a deadline of 1982 to ratify the amendment, but it fell short of the required three-quarters majority.
Virginia's ratification in 2019 marked the 38th and final state needed for the ERA, albeit decades after the original deadline. Despite this, the archivist and deputy archivist maintain that they cannot certify the amendment without Congress or the courts addressing the missed deadline.
Over 120 House Democrats have called on President Biden to direct the archivist to certify and publish the ERA, emphasizing the significance of such a move for his legacy on equal rights. However, legal opinions from the U.S. Department of Justice have affirmed the validity and enforceability of the ratification deadline set by Congress.
The archivists emphasized that any extension or removal of the deadline would require new action by Congress or the courts. Previous court decisions have upheld the validity of the ratification deadlines established by Congress for the ERA, further complicating efforts to certify the amendment.
Despite a recent attempt in Congress to lift the deadline for the ERA's ratification, the measure failed to garner the necessary 60 votes in the Senate. As a result, the certification of the ERA remains in legal limbo, subject to the constraints of the existing constitutional framework.
While the push for the ERA continues, the archivists have reiterated their commitment to upholding legal precedents and supporting the constitutional processes governing the certification of constitutional amendments.
