Ask President Biden To Publish the ERA Now!

[red dog 1]

Last edited Fri Nov 22, 2024, 02:46 PM - Edit history (2)

Action Network.org


Donald Trump will take the White House on January 20, 2025.
He is on a mission to ban abortion nationwide, gut reproductive health care, protect abusers over survivors, and criminalize queer and trans people.

The EQUAL RIGHTS AMENDMENT (ERA) is the permanent, comprehensive tool we need to fight against attacks on our freedoms.
President Biden must publish the Equal Rights Amendment now.

[snip]

The fight for the ERA has been a long road, but for the first time in history we are at the finish line and need President Biden to push us over.
As of 2020, the ERA has met all Constitutional requirements to become an official amendment -- all needed states have ratified the ERA.
As part of finalizing the ERA we need President Biden to publish it now!
We are close to having equal protections enshrined in our Constitution -- We owe it to our feminist ancestors and to future generations to finish and finally win this fight.

We Demand equality.
We come into this world as equal human beings, it's time our Constitution and society reflect it.
From abortion rights to equal pay and Black maternal health, our communities are on the line.
Send a letter to President Biden now and (ask) him to Publish the Equal Rights Amendment #ERANow
https://actionnetwork.org/letters/bidenpublishera


"What comes next for the Equal Rights Amendment?" (8/26/2024)
https://americanprogress.org/article/what-comes-next-for-the-equal-rights-amendment/


(Petition)
"President Biden: Publish the Equal Rights Amendment Now"
https://diy.rootsaction.org/petitions/president-biden-publish-the-equal-rights-amendment-now

[usonian]

1. I've been waiting so damn long for the amendment to be approved that I forgot to notice that it cleared the bar.

With Virginia becoming the 38th and final state needed to ratify the ERA in 2020,16 the amendment has met all requirements of Article 5 to become an amendment

No time like right now!

[MichMan]

2. There is that issue with the deadline expiring over 40 years ago, plus 5 states rescinding their previous votes.

[red dog 1]

3. "Five states voted to rescind their ratification in the 1970s, which has raised legal questions,

with many legal scholars rejecting the validity of rescinding a ratification."

(From the American Progress article cited at top)
"What Comes Next for the Equal Rights Amendment?"

[MichMan]

4. There was also a ratification deadline of 1979 which has long passed.

Also from the OP

However, the version of the ERA that Congress passed included, in its preamble, an arbitrary seven-year time limit for ratification. While time limits have become common in proposed amendments since Prohibition, the ERA’s time limit was importantly not included in the text of the version that all states voted to ratify. This distinction is one element of today’s legal and political challenges to the ERA. While there are scholars who disagree, many pro-equality advocates claim that time limits on the ratification process are inherently unconstitutional, as they are not included in Article 5, and thus, the founders chose not to limit the length of the ratification period.

Then there is this from another link

The first pathway to ratifying proposed amendments starts in the United States Congress. An amendment must pass the House and Senate by a two-thirds majority vote. Then Congress may send that amendment out to the states to approve or ratify it. A number of steps need to be completed for an amendment to be ratified in this manner:

1) Congress needs to approve the amendment by the necessary two-thirds vote noted above.
2) A notification and accompanying information about the amendment must be sent out to governors of each state.
3) State legislatures consider whether to approve the proposed amendment. As a side note with this step, those legislatures cannot change the wording, or the process starts again.
4) Any proposed amendment must be ratified by three-fourths of the states. Finally, if enough states approve–and that’s a big if–the Archivist of the US government issues an official announcement that the amendment has passed and is now part of the United States Constitution.
5) Congress can also direct the states to call conventions for the sole purpose of ratifying an amendment. This has only happened once with the 21st Amendment.

https://constitutionus.com/constitution/amendments/ratifying-constitutional-amendments/

The fact that congress included a seven year time limit and the amendment passed by the states didn't, would appear to be a major point of contention, and not a slam dunk.

Many legal scholars say the states can't rescind, many other say they can. Many say the deadline doesn't matter, many say it does. The SC would undoubtably have to listen to the dueling legal scholars about both the deadline and the validity of state withdrawals and make a ruling.