Congratulations, America! On January 27th, 2020 the thirty-eighth state ratified the Equal Rights Amendment! But now the administration is blocking ERA from being added to the U.S. Constitution.
America is in a Constitutional Crisis – Call Your Senators Today for ERA
Our Senators must tell President Biden to order the U.S. Archivist to publish the Equal Rights Amendment immediately. We need our government to respect the will of the people.
Below are tools to help with this urgent action:
Please do this immediately. Thank you.
CLICK YOUR STATE FOR THE CONTACT INFORMATION TO YOUR SENATORS
The people have spoken.
As of January 27, 2020 Women are citizens of equal stature under our Constitution.
The people of your State have ratified the Equal Rights Amendment.
The 28th Amendment being published is our right as citizens.
There is no issue that 38 States have ratified and the Constitution is amended under Article V.
The Archivist must publish the 28th Amendment the same way it published the 27th.
The legal issues are for the courts not for the Legislative or Executive Branch.
You are my Senator I expect you to support our Democracy not stand by while it is torn to shreds!
What are you doing every single day to move us out of Constitutional Crisis?
CLICK HERE TO DOWNLOAD MODEL CALL SCRIPT
Washington DC 20510
Re: The Equal Rights Amendment – A Constitutional Crisis
Dear Senator ______________,
On January 27th, 2020, Virginia became the last necessary state to ratify the Equal Rights Amendment (“ERA”). Under Article V of the U.S. Constitution, amendments become “valid to all Intents and Purposes, as Part of this Constitution, when ratified by the Legislatures of three fourths of the several States…”, which means women are now fully equal citizens for the first time in history. Yet the ERA has not yet been added to the Constitution because the United States Archivist is refusing to publish it in the Federal Register. This has caused a constitutional crisis.
Under 1 U.S.C. §106b, the Archivist is mandated to publish new amendments “forthwith” after the last necessary state notifies him that an amendment has been ratified, but the Archivist is refusing to publish the ERA in the Constitution as our Twenty-Eighth Amendment because the Office of Legal Counsel (“OLC”) at the Department of Justice under the Trump Administration issued a memorandum opinion advising the Archivist that he could not lawfully publish the ERA. The OLC opined that the ERA cannot be published because its purported ratification deadline expired before the last necessary state ratified it.
Reasonable scholars believe the ERA’s purported deadline is invalid. Regardless of the deadline, the Archivist has no discretion not to publish as his duties are ministerial and non discretionary.
Article II Section 3 of the Constitution requires the President to “take care that the laws be faithfully executed,” but President Biden has taken no steps to ensure that the Archivist carries out his mandatory duty of publication. Nor has the President spoken out against the OLC memorandum opposing publication of the ERA. The President’s failure to act has caused intolerable confusion, leaving our nation steeped in controversy about the ERA’s validity.
That the Archivist is refusing to publish the ERA is curious given that it published the Twenty-Seventh Amendment in 1992 despite serious concerns about that Amendment’s validity. The Twenty-Seventh Amendment was ratified some 203 years after it was proposed by Congress, yet the Archivist published it forthwith, in accordance with his duties under 106b. The Congress asked the Archivist to delay publication until after it had a chance to vote on whether the amendment was valid despite the passage of time, but the Archivist rightly did not cede to Congress’ request. The Archivist also declined to delay publication until after the OLC released its opinion on the issue. Simply put, the Archivist performed his task and published an amendment pertaining to congressional pay raises regardless of the fact that other government officials believed the Amendment was not constitutional valid. Women’s equality is entitled to the same respect.
I implore you to help resolve this constitutional crisis by reaching out to President Biden and asking him to take all appropriate actions to ensure the ERA’s immediate publication.
As a United States Senator you must use your voice to demand that the Archivist respect the will of the people, and put women in the Constitution once and for all.
CLICK HERE TO DOWNLOAD MODEL LETTER
Equal Means Equal will keep you informed of the status of ratification in your state and what actions you can take locally to pass the ERA.
Let’s do this.
Want to do more? Let us know how else you can help.
Join the dozens of women’s organizations and thousands of women using the EQUAL MEANS EQUAL documentary film to reinvigorate the fight for the Equal Rights Amendment!
Host a screening in your neighborhood and help get the conversation going about the importance of the ERA. Click the button below to organize a screening in your community.
In 1776, our nation declared that all men are created equal and are endowed with inalienable rights, leaving women to fight for equal treatment under the law. This has been at the foundation of over 240 years of discriminatory attitudes and treatment of half the country’s population.
It’s time the Constitution acknowledged women’s rights as citizens of this country. The Equal Rights Amendment will set a precedent that guarantees equality, justice, and respect for all people under the law. Only when Equal Means Equal can we all meet our true potential.
Learn more — get a herstory lesson here.