- United States
- Letter
An Open Letter
To: Pres. Biden
From: A constituent in Chesterfield, MI
December 6, 2024
I am writing to urge you and your administration to take decisive action to ensure the Equal Rights Amendment (ERA) is certified and published in the United States Constitution. After decades of advocacy, the ERA has met the clear requirements of Article V, yet it remains stalled due to procedural obstacles and flawed interpretations.
Earlier this year, the American Bar Association declared that time limits on ratifying constitutional amendments are inconsistent with the Constitution. Additionally, they emphasized that there is no constitutional basis for states to rescind their ratifications. As 46 U.S. Senators recently stated in a letter to you, the ERA is the only amendment that has achieved all necessary requirements but has not been certified and published. This delay is unacceptable and denies women the constitutional recognition and equality they have fought for over a century to achieve.
The precedent is clear: when New Jersey and Ohio attempted to rescind their ratifications of the 14th Amendment, those efforts were not recognized. Similarly, the Trump administration’s Office of Legal Counsel issued a flawed opinion asserting that time limits nullify subsequent ratifications. The Archivist at the time cited this opinion as the reason for inaction, but the executive branch has the authority to direct the Archivist to certify and publish the ERA.
Failure to act now is a deliberate choice to deny equality. The political landscape is shifting, and women’s rights are under increasing threat as we approach the 2024 election. Certifying the ERA is an essential step to enshrine gender equality in our Constitution and strengthen the legal foundation for protecting women’s rights against potential rollbacks.
I urge you to exercise your leadership to direct the Archivist to certify the ERA without delay. Inaction at this critical juncture will only perpetuate the systemic inequalities women face daily. We must answer the call to uphold equality, dignity, and justice for all Americans.