National Archives Declines Equal Rights Amendment Certification

The National Archives has stated that the Equal Rights Amendment (ERA) cannot be certified due to a missed ratification deadline, despite pressure from over 120 House Democrats for President Biden to act unilaterally before leaving office. The ERA, aimed at prohibiting sex-based discrimination, was sent to states in 1972 with a ratification deadline extended to 1982, but only 35 states ratified it by then. Virginia's ratification in 2020 made it the 38th state, but this occurred long after the official deadline. Archivist Colleen Shogan and Deputy Archivist William Bosanko reiterated that neither they nor Biden can publish the amendment without Congressional or judicial action to lift the deadline. They referenced past affirmations by the Justice Department's Office of Legal Counsel regarding the validity of the ratification deadline. Thus, the archivists emphasized their commitment to upholding constitutional processes and legal precedents.