John,

The Equal Rights Amendment has met the requirements of the U.S. Constitution.

1. Two-thirds of Congress approved it by 1972.
2. Three-quarters of the states (38 of 50) ratified it, with the last state in January 2020.
3. Two years after ratification, the ERA is now valid to all intents and purposes as a part of the Constitution. It is 28th Amendment to the U.S. Constitution and should be officially recognized.

We should be celebrating right now. But we’re not. Here’s why:

Leading Constitutional Scholars have informed the Appellate Courts through an amicus brief that the ERA is ratified AND valid, and the timeline in the preamble, which the states did not vote on, is advisory and not binding.

The National Archivist, David Ferriero, once notified the 38th state (Virginia) ratified, was supposed to certify and publish the ERA. Instead, he asked the advice of the Trump Justice Department Office of Legal Counsel and was told not to certify and publish, because the OLC stated the timeline for ratification had expired.

The current OLC has just issued an official opinion that the 2020 OLC is not an obstacle for Congress or the Courts to act on the ratification of the Equal Rights Amendment. In the meantime, the National Archivist should certify and publish because he has been notified of the 38th state’s ratification.

Mr. Archivist, certify and publish the ERA.
Do not make us wait another 100 years for equality.

No amendment that has cleared Article V’s two high bars has ever been excluded from the published Constitution — until now.

We need your help right away to urge National Archivist David Ferriero to take immediate action now. Tell him the ERA is valid and has met all Constitutionally defined terms to become the 28th Amendment of the United States. He must certify and publish NOW!

It’s shameful that two decades into the 21st century, the U.S. Constitution still does not formally recognize the full equality of more than half our population.

We know that grassroots movements like ours are a necessary force for justice. The obstacle of the Trump Administration’s opinion has been set aside. It is time, long overdue, for the National Archivist to certify and publish the ERA as the 28th Amendment to the US Constitution.

Please take immediate action now. Together, we will secure equality — in the highest law of the land, The US Constitution—once and for all.

For equality,

Ellie Smeal