The Equal Rights Amendment (ERA) cannot be certified by the president at this time, the archivist of the United States said on Dec. 17.
Congressional Democrats have been calling for President Joe Biden to certify the amendment, or add it to the U.S. Constitution, before he leaves office in about a month.
The proposed amendment would prohibit discrimination on the basis of gender. Congress proposed it in 1972, but the amendment did not receive the required support by three-fourths of the states before the deadline of June 30, 1982.
After Virginia lawmakers ratified the amendment in 2020, some lawmakers said enough states had ratified it and that the deadline was not relevant.
The Department of Justice’s Office of Legal Counsel in 2020, while Donald Trump was president, and in 2022, after Biden took office, said that ratification cannot occur unless Congress or the courts extend or remove the ratification deadline.
Court decisions have also found that the deadlines that were established by Congress 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,” Shogan and Bosanko said on Dec. 17.
The archivist certifies and publishes constitutional amendments after they are ratified.
“The role of the Archivist of the United States is to follow the law as it stands, ensuring the integrity of our nation’s governing institutions. Personal opinion or beliefs are not relevant; as the leaders of the National Archives, we support established legal processes and decisions,“ Shogan and Bosanko said. ”We will continue to serve with transparency and integrity as we move forward in addressing this and all matters related to our Constitution.”
Senate Democrats in 2023 tried to remove the deadline, but most Republicans voted against the measure, causing it to fall short of the 60-vote threshold. Democrats currently have control of the upper chamber, but Republicans are poised to take control in January 2025. Republicans have control of the House of Representatives and will keep hold of the lower chamber come January.
A White House spokesperson told media outlets in a statement: “President Biden has been clear that he wants to see the Equal Rights Amendment definitively enshrined in the Constitution. Senior Administration officials have and will continue to engage with key Congressional leaders and other stakeholders on this issue in the weeks ahead. It is long past time that we recognize the clear will of the American people.”
