ERA Endorsement We demand that Biden certify the ERA.
December 13, 2024
The Remedial Herstory Project (RHP) is steadfast in its mission to promote gender parity in social studies curricula and ensure the stories of women are appropriately represented in classrooms across the United States. As part of this commitment, it should not be surprising that we strongly endorse the Equal Rights Amendment (ERA) and call on President Joe Biden to certify its ratification without delay.The ERA, first proposed over a century ago by then former suffragist Alice Paul, seeks to enshrine gender equality in the United States Constitution, ensuring that "equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." The law passed Congress in a bipartisan effort in 1972 and headed to the states for ratification. Despite achieving ratification by the required 38 states, the amendment remains uncertified, leaving a glaring gap in our nation’s foundational commitment to justice and equality for all. The United States has not achieved gender equality. Despite some protections guaranteed in the Constitution, none are explicit protections for women and girls from discrimination based on sex other than the vote. Women remain a minority in political representation, trail in economic capital, face continued gender-based violence, and receive single-digit fractions of the federal budget. 14 other nations in the world have legislation similar to the ERA embedded in their constitutions. In terms of global gender parity, the United States is far from leading the way. Just last week, Amnesty International declared that US abortion laws violated women's human rights. It's time we reverse this trend. The ERA would create sweeping protections for women and girls not yet in place. The story of the ERA represents decades of advocacy, resilience, and the pursuit of justice, making it an essential chapter in understanding the broader narrative of gender equity in America. At the Remedial Herstory Project, we recognize the power of education in shaping a more equitable future. This is why we have developed comprehensive lesson plans detailing the long and inspiring history of the ERA, which are freely available on our website at www.remedialherstory.com/learn. By certifying the ERA today, President Biden can honor this legacy and take a decisive step toward ensuring that constitutional equality becomes a reality for all Americans, regardless of sex. Such action would not only affirm the rights of women but also set a powerful precedent for the pursuit of justice in every facet of society. RHP stands with the millions of Americans who believe in equality, fairness, and the promise of a more inclusive democracy. We urge President Biden to fulfill this promise by certifying the Equal Rights Amendment. A Fact Sheet and details for how our community can engage in this effort are below. Let's make herstory! Kelsie Brook Eckert Executive Director
Equal Rights Amendment (ERA) Fact Sheet A more comprehensive fact sheet can be found here. What is the ERA? The Equal Rights Amendment (ERA) aims to guarantee equal rights under the law, regardless of sex. Its core text states: “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”
Key Facts About the ERA:
Unique Status: The ERA is the only proposed constitutional amendment that has met all the legal requirements for ratification (approval by 38 states) but remains uncertified and unpublished as part of the U.S. Constitution.
Ratification Deadline Controversy: Although Congress set a deadline for ratification, deadlines are not mandated by Article V of the Constitution, which outlines the amendment process. The deadline was included in the proposing clause, not the amendment text itself, which suggests it could be disregarded or changed by Congress. When the 117th U.S. Congress convened in 2021, the U.S. House of Representatives voted to remove the time limit with a vote of 222-204. The issue shifted to the U.S. Senate.
Precedent of the 27th Amendment: The 27th Amendment, first proposed in 1789, was ratified in 1992—over 200 years later. Once the necessary state ratifications were complete, the Archivist published it as part of the Constitution without issue, despite the long time lapse.
The Role of Congress and the Archivist: In Coleman v. Miller (1939), the Supreme Court ruled that Congress has the authority to decide whether a proposed amendment remains viable over time. Congress also has the power to extend or eliminate ratification deadlines.
Rescinding States Controversy: Five states (Idaho, Kentucky, Nebraska, Tennessee, and South Dakota) have rescinded their approval, however these efforts are null due to precedent set by the 14th Amendment’s ratification process. In that case, New Jersey and Ohio legislators voted yes and then rescinded their ratification, but both states were included in the published list of ratifying states in 1868.
Arguments for Publishing the ERA:
Presidential Authority: Supporters argue that President Biden can direct the U.S. Archivist to publish the ERA as the 28th Amendment since it has met the constitutional requirements for ratification.
No Constitutional Requirement for Deadlines: Article V does not specify deadlines for ratification, and Congress’s imposition of a deadline is not binding.
Historical Precedents: Ratification deadlines have not always been applied, and when they are, their placement in the proposing clause (rather than the amendment text) weakens their legal standing.
Arguments Against Immediate Publication:
Procedural Concerns: Opponents argue that publishing the ERA could set a “dangerous precedent” and might provoke a constitutional crisis by bypassing the ratification deadline.
Start-Over Proposal: Some contend that a new ERA must be proposed and ratified to avoid legal ambiguity.
Current Status: Virginia’s ratification in 2020 completed the 38-state requirement. However, during the Trump administration, the Archivist declined to publish the ERA based on advice from the Office of Legal Counsel, which cited the missed deadline.
What Can Be Done?
Senators’ Appeal to President Biden: In a letter signed by 46 Senators, they urged President Biden to direct the U.S. Archivist to publish the ERA immediately, asserting that the ERA has met all constitutional requirements to become the 28th Amendment.
Congressional Action: Congress can clarify the amendment’s validity by removing or disregarding the deadline, affirming the ERA’s standing.
Biden Can Certify the ERA: Biden can make the ERA the law of the land now.
Take Action NOW: You can copy and paste the below language to President Biden via text, email, or mailed letter: Dear President Biden, I urge you to direct the US Archivist to certify the Equal Rights Amendment (ERA), something that is within your power and will secure your legacy as a champion of equal rights for all. Please do not leave office before you direct the US Archivist to fully ratify the ERA, making it the 28th Amendment to the US Constitution. The future of our democracy depends on it. Sincerely, NAME
Text: (302) 404-0880 Email:https://www.whitehouse.gov/contact/share/ Mailed Letter: President Biden The White House 1600 Pennsylvania Avenue NW Washington, DC 20500