WASHINGTON — In a rare joint statement, the Archivist and Deputy Archivist of the United States said Tuesday that the 1970s Equal Rights Amendment cannot be certified without further action from Congress or the courts, as Democrats pressure the president. Joe Biden to act unilaterally on its ratification before he leaves office next month.
The 50-year push to amend the Constitution to ban discrimination on the basis of sex remains stalled. Congress sent the amendment, which guarantees men and women equal rights under the law, to the states in 1972 and gave the states seven years to ratify it, after which the deadline was extended until 1982. But the amendment was not passed. required three-quarters ratified. of states before the deadline.
Four years ago though Virginia lawmakers voted to ratify the amendmentbecoming the 38th and final state required – albeit nearly four decades after the congressionally imposed deadline for ratification.
More than 120 House Democrats, led by Reps. Cori Bush and Ayanna Pressley, called on Biden on Sunday to direct the archivist to certify and publish the amendment, despite the missed deadline.
“Ssolidifying your equal rights legacy with definitive action on the ERA would be a defining moment for the historic Biden-Harris administration and your presidency,” they wrote to Biden.
But the archivist, Colleen Shogan, and her deputy, William J. Bosanko, who are responsible for certifying and publishing new amendments once they meet the required ratification threshold, say neither she nor Biden can act without Congress or the courts cancel deadline.
“In 2020 and again in 2022, the U.S. Department of Justice’s Office of Legal Counsel confirmed that Congress’s ratification deadline for the ERA is valid and enforceable,” they said in a joint statement. “The OLC concluded that extending or removing the deadline requires new action from Congress or the courts. Rulings from courts at both the district and circuit levels have confirmed that the ratification deadlines set by Congress for the ERA are valid.
They added: “Therefore, the Archivist of the United States cannot legally publish the Equal Rights Amendment. As leaders of the National Archives, we will adhere to these legal precedents and support the constitutional framework in which we operate.”
Congress tried last year in the latest attempt to move up the deadline for ratification of the amendment, but the measure failed to reach the required 60-vote threshold in the Senate.
White House spokesperson Kelly Scully said: “President Biden has made clear that he wants to see the Equal Rights Amendment permanently enshrined in the Constitution.”
“Senior administration officials have been speaking with key Congressional leaders and other stakeholders about this issue in the coming weeks and will continue to do so,” she added. “It is long past time for us to recognize the clear will of the American people.”