A Piece of a Woman's Mind

I have a friend who is active in the American Bar Association (ABA). She recently informed me that the ABA has been researching the status of the Equal Rights Amendment (ERA). This blog has important information about that amendment.

The ABA has analyzed the history of the ERA from its inception in 1972. They have researched opinions by Constitutional scholars about whether or not there are currently any legal impediments to the certification and enrollment of the ERA into the National Archives and Records Administration as a part of the Constitution of the United States. The ABA’s history of the ERA with abbreviated ABA annotations is as follows:

1972: In accordance with Article V of the U.S. Constitution, each Chamber of Congress passed H.J. Res. 208, The Equal Rights Amendment, by a two-thirds vote effective March 23, 1972. (Note: Even though the original joint resolution contained language putting a time limit on ratification, Constitution experts point out that Article V does not provide authority for Congress or the States to set a time limitation for a proposed amendment to be completed. The time limitation language was not sent to the States and, therefore, was not included in what was ratified.)

2020: The Equal Rights Amendment was confirmed by the 38^th State in 2020 and is to take effect two years after the date of ratification. Requirements have now been met to enroll the ERA into our Constitution. (Note: Between 1973 and 1979, five states – Nebraska, Tennessee, Idaho, Kentucky, and South Dakota – voted to rescind their ratifications. In 2021, North Dakota did the same. As leading Constitutional scholars explain, however, because there is no provision for rescission of a ratification in the Constitution, the six purported rescissions of the ERA are legally null.)

2024: In spite of the above information, the ERA has not been certified and enrolled by the National Archivist. In an effort to correct this situation, the American Bar Association has passed Resolution 601 which is summarized as follows:

It is now the duty of the Archivist to certify and publish the Equal Rights Amendment into the National Archives and Records Administration as a part of the Constitution of the United States.

1. RESOLVED, That the ABA supports the principle that any time limit for ratification of an amendment to the United States Constitution is not consistent with Article V of the Constitution;
2. RESOLVED, That the ABA supports the principle that Article V does not permit a state to rescind its ratification of an amendment to the Constitution;
3. RESOLVED, That the ABA urges federal, state, local, territorial, and tribal governments to support implementation of the Equal Rights Amendment (ERA) to the Constitution, in accordance with Article V; and
4. FURTHER RESOLVED, That the ABA urges all bar associations and the legal community as a whole to support implementation of the ERA.

According to the ABA, it is now the duty of the Archivist to certify and publish the Equal Rights Amendment into the National Archives and Records Administration as a part of the Constitution of the United States. We can take action in two ways.

1. Write an email to the President asking him to direct the Archivist to certify and publish the ERA.

2. Write an email to the National Archivist asking her to certify and publish the ERA.

If Constitutional scholars say that the ERA is ready to become law, I think that all citizens, and especially women, should demand that women at last officially have full equality in the United States. Please do not pass up this opportunity to participate in your democracy.