Home On 50th anniversary of ERA: It’s time it is recognized
News and Views

On 50th anniversary of ERA: It’s time it is recognized

AFP
constitution law
(© Daniel Thornberg – stock.adobe.com)

Virginia voted in 2020 to ratify the Equal Rights Amendment, the 38th state to do so, pushing the measure past the required three-fourths majority to make ERA the 28th Amendment.

It’s not recognized as such yet, but should be, according to two constitutional scholars.

Congresswoman Carolyn Maloney, chair of the House Oversight and Reform Committee, released today opinion letters from Laurence Tribe, a Harvard Law School professor emeritus, and Russ Feingold, president of the American Constitution Society.

“My conclusion as a constitutional scholar is that the ERA is currently a valid part of the United States Constitution, that Congress should act concurrently to recognize it as such, and that even if Congress takes no such action the Archivist should publish it as the Twenty-Eight Amendment,” Tribe said.

“It is my opinion that the ERA has met all constitutional requirements and the Archivist can and should certify and publish the ERA as the 28th Amendment to the Constitution without delay,” Feingold said.

Prior to this, Kathleen Sullivan, former Dean of Stanford University Law School and partner of Quinn Emanuel, Urquhart & Sullivan, LLP, Counsel for Amici Curiae Constitutional Law Scholars last month presented an amici brief for some 16 constitutional scholars, including Tribe, in the U.S. Court of Appeals for the District of Columbia in the case of Virginia, Illinois, and Nevada v. David S Ferriero, in his official capacity as Archivist of the U.S., and Alabama, et al.

The scholars’ brief concluded: “The Court should reverse the judgment of the district court and recognize the ERA has been validly ratified under Article V as an amendment to the Constitution expanding our equality and enhancing our democracy.”

The ERA was passed by the House on Oct. 12, 1971, and by the Senate on March 22, 1972, 50 years ago today.

Feminist Majority Foundation president Eleanor Smeal, who was in the Gallery of the Senate when it approved the Equal Rights Amendment in 1972 and has worked for its passage ever since, said on this 50th anniversary: “There are only two very difficult requirements for ratification of an amendment to the U.S. Constitution. One, it must be approved by a two-thirds vote of the House and the Senate and then two, ratified by three-fourths (or now 38) states legislatures. Take it from me who has worked on ratification of the ERA for over 50 years, this is really difficult. Don’t make it impossible.”

 
 




Featured Video

 

AFP

AFP

Have a guest column, letter to the editor, story idea or a news tip? Email editor Chris Graham at [email protected]. Subscribe to AFP podcasts on Apple Podcasts, Spotify, Pandora and YouTube. Support AFP by signing up for our newsletter and/or powering our work with a one-time or monthly contribution.

Latest News

uva football jekail middlebrook
Football, Go 'Hoos

UVA Football: Tailback Jekail Middlebrook ‘doubtful’ for Wake Forest game

waynesboro map
Local

Is Waynesboro marketing Nature’s Crossing to data center developers?

There’s been online chatter, apparently prompted by Google AI, about the City of Waynesboro is marketing the Nature’s Crossing Technology Center to data center developers.

school student child bookbag
Local

Albemarle County Schools ordered to review policies on child abuse reporting

The Spanberger administration has informed Albemarle County Public Schools that it needs to hire an independent consultant to review its policies regarding the mandatory reporting of suspected child abuse.

trick or treating
Local

Some dumba– is stealing Halloween decorations from our front yards

two faces of ben cline
Politics, Virginia

Reese Bull | Congressman Ben Cline is ambidextrous

college football
Football

Buffalo Gap High School wins $250K football field upgrade in T-Mobile contest

lawyer attorney justice court hearing judge agreement
Politics, U.S. & World

Sylvia Ghazarian | Silenced by contract: How NDAs protect abusers, not survivors