U.S. Archivist Dr. Colleen Shogan and Deputy Archivist William J. Bosanko jointly released a statement on Tuesday vowing not to ratify the Equal Rights Amendment (ERA) to the U.S. Constitution after Alabama Attorney General Steve Marshall sent a letter to Shogan and President Joe Biden earlier this week.
On Monday, Marshall sent the letter amidst rumors that the president was attempting to ratify the ERA to the U.S. Constitution despite the deadline needed for a two-thirds state consensus having passed decades before.
Shogan and Bosanko's statement emphatically stated that they had no intention of ratifying the ERA without congressional or judicial approval, citing, in part, an agreement reached between the federal government and Alabama in 2020 after Marshall and other states sued to prevent any ratification.
"As Archivist and Deputy Archivist of the United States, it is our responsibility to uphold the integrity of the constitutional amendment process and ensure that changes to the Constitution are carried out in accordance with the law," the statement reads. "At this time, the Equal Rights Amendment (ERA) cannot be certified as part of the Constitution due to established legal, judicial, and procedural decisions."
"In 2020 and again in 2022, the Office of Legal Counsel of the U.S. Department of Justice affirmed that the ratification deadline established by Congress for the ERA is valid and enforceable. The OLC concluded that extending or removing the deadline requires new action by Congress or the courts. Court decisions at both the District and Circuit levels have affirmed that the ratification deadlines established by Congress for the ERA are valid. Therefore, the Archivist of the United States cannot legally publish the Equal Rights Amendment. As the leaders of the National Archives, we will abide by these legal precedents and support the constitutional framework in which we operate.
The ERA was first introduced to Congress in 1923 by the National Woman's Party to add sex-based protections to the Constitution under the belief that the 19th Amendment was insufficient to provide equal federal protections to women.
In 1972, the ERA was put before state legislatures for ratification with a seven-year deadline. Under federal law, two-thirds of the states, 38 total, would have to ratify before officially becoming a constitutional amendment. By the deadline in 1979, only 30 states had ratified the amendment. Moreover, after that time, five states rescinded their previous ratifications.
Since 1979, several other states ratified the ERA. In 2020, Virginia became the 38th state to ratify. However, the states that rescinded their previous ratifications are included in that list.
After Virginia claimed to be the 38th state to ratify the amendment, Alabama and other states sued to prevent ratification. The U.S. Archivist agreed not to certify the ERA absent a court order or guidance from the Department of Justice (DOJ).
To connect with the author of this story or to comment, email craig.monger@1819news.com.
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