Under the direction of former Attorney General Bill Barr, the Department of Justice’s Office of Legal Counsel (OLC) argued in a January 2020 memo that the archivist should not publish the ERA because the final states to ratify the amendment did so outside a time limit imposed by Congress. Former National Archivist David Ferriero, in accordance with this opinion, refused to certify and publish the ERA. But as our letter argues, this deadline was not included in the text of the amendment and therefore lacks constitutional authority.

Mr. Ferriero failed in his duty to publish the ERA, and the Constitution remains without language to prevent discrimination on the basis of sex. As we watch ongoing legal battles that endanger the rights of women, transgender people, and members of the LGBTQ+ community, the solution is clear.

Sign the petition: The National Archivist must certify the Equal Rights Amendment.

In solidarity,

Courtney Hostetler
Senior Counsel, Free Speech For People

Paid for by Free Speech For People
[email protected]

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