Resolution would direct U.S. Archivist to affirm ERA as 28th Amendment to Constitution

The Equal Rights Amendment Now resolution is a joint resolution that would direct the Archivist of the United State to affirm the ERA as the 28^th Amendment to the United States Constitution.

The ERA would prohibit discrimination on the basis of sex. Virginia became the 38^th and final state necessary to fulfill the ratification requirement in 2020, but an arbitrary time limit for ratification kept the amendment from finalization.

U.S. Sens. Tim Kaine of Virginia and Kirsten Gillibrand of New York, and Congresswoman Cori Bush of Missouri introduced the legislation.

“It is long past time that the ERA is certified as the 28^th Amendment,” said Kaine. “I was proud when Virginia became the final state needed to ratify the amendment. Now, I hope the Archivist will recognize its ratification and finally enshrine women’s equality in the Constitution.”

In 1972, when Congress first passed the ERA, a three-fourths ratification by states was necessary within seven years. Congress extended the time limit in 1978 by an additional three years after the amendment fell short of the required 38 states for ratification.

The ERA Now resolution puts into practice a novel legal theory that would make the time limit clause in the preamble of the ERA nonbinding. The ERA Now resolution would firmly settle remaining constitutional questions regarding the ERA’s ratification, affirm that the ERA has already met the requirements needed to amend the Constitution and instruct the Archivist to proceed with publishing and certifying it.

The ERA would enshrine gender equality as a constitutional right: “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 amendment is crucial to eliminate discrimination on the basis of sex across the U.S. Finalization in the U.S. Constitution would usher in new and necessary protections for all people, including women who are being denied full reproductive freedom.

The resolution has the endorsements of nearly 300 national organizations.