Senator Kirsten Gillibrand (D-NY) recently took to X to “demand” that the national archivist legally certify the Equal Rights Amendment (ERA) as part of the Constitution, despite the fact that the Amendment failed to be ratified more than 40 years ago.
The proposed 27th Amendment to the U.S. Constitution, stated, “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex,” failed to be ratified by the required number of state legislatures first in 1972, and again in 1982 after the seven-year deadline was extended.
Archivist of the United States Dr. Colleen Shogan and Deputy Archivist William J. Bosanko said in a statement on Tuesday:
“As Archivist and Deputy Archivist of the United States, it is our responsibility to uphold the integrity of the constitutional amendment process and ensure that changes to the Constitution are carried out in accordance with the law. At this time, the Equal Rights Amendment (ERA) cannot be certified as part of the Constitution due to established legal, judicial, and procedural decisions.
“In 2020 and again in 2022, the Office of Legal Counsel of the U.S. Department of Justice affirmed that the ratification deadline established by Congress for the ERA is valid and enforceable. The OLC concluded that extending or removing the deadline requires new action by Congress or the courts. Court decisions at both the District and Circuit levels have affirmed that the ratification deadlines established by Congress for the ERA are valid. Therefore, the Archivist of the United States cannot legally publish the Equal Rights Amendment. As the leaders of the National Archives, we will abide by these legal precedents and support the constitutional framework in which we operate.
“The role of the Archivist of the United States is to follow the law as it stands, ensuring the integrity of our nation’s governing institutions. Personal opinion or beliefs are not relevant; as the leaders of the National Archives, we support established legal processes and decisions.
“We will continue to serve with transparency and integrity as we move forward in addressing this and all matters related to our Constitution.”
Democrats, with Gillibrand leading the charge, are encouraging Joe Biden to ignore the OLC memo and certify the ERA anyway.
Gillibrand wrote on X, “Earlier today, the national archivist preemptively stated that she would not legally certify the Equal Rights Amendment as part of the Constitution.”
“By taking this unprecedented step, she is wrongfully inserting herself into a clear constitutional process, though her role is purely ministerial.”
“Our argument has the support of legal experts, twenty-three attorneys general, the League of Women Voters, and the American Bar Association. I remain undaunted, and will continue to urge President Biden to direct the archivist to certify and publish the ERA and codify equality in the Constitution.”
Earlier today, the national archivist preemptively stated that she would not legally certify the Equal Rights Amendment as part of the Constitution.
By taking this unprecedented step, she is wrongfully inserting herself into a clear constitutional process, though her role is…
— Kirsten Gillibrand (@SenGillibrand) December 18, 2024
The fixation on the ERA is an odd focus for a party that does not seem to be able to define what a woman even is.
Gillibrand’s post earned a community note on X.
“While the ERA has been ratified by 38 states, it had only been ratified by 35 before expiration of the ratification deadline in 1982. Lawmakers in 5 states have since voted to rescind their earlier approvals and the DOJ has upheld that the ratification period had ended.”
(1) It did not pass by the deadline.
(2) Five states rescinded their support.
(3) You already know this.
(4) You took an oath to defend the Constitution.
(5) You are actively attacking it.
(6) You are a disgrace to the senate.
— Utah Conservative (@coninutah) December 18, 2024
Wow. We just checked and there is no mention of the National Archivist anywhere in Art. V of the Constitution.
Perhaps you and your staff should brush up on how this works?https://t.co/QPSCKdSk74
— Excelsior Strategies (@Excelsior_PR) December 18, 2024
There is no “constitutional process.” The 1972 ERA has not existed since Juned 30, 1982. It’s DEAD. It’s not pending before the states, it can’t be ratified, there’s nothing for the Archivist to certify.
— Thomas Jipping (@TomJipping) December 18, 2024
