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Biden-Equal Rights Amendment
FILE - ERA YES sign in the State Capitol Rotunda during a rally for the Equal Rights Amendment, Jan. 31, 2022 in St. Paul, Minn. (Glen Stubbe/Star Tribune via AP, File)

Archivist says Equal Rights Amendment can't be certified as Democrats push Biden to recognize it

The archivist and deputy archivist of the United States have issued a rare joint statement to say that the 1970s-era Equal Rights Amendment cannot be certified without further action by Congress or the courts

By ZEKE MILLER
Published - Dec 17, 2024, 03:52 PM ET
Last Updated - Dec 17, 2024, 03:52 PM EST

WASHINGTON (AP) — In a rare joint statement, the archivist and deputy archivist of the United States said Tuesday that the 1970s-era Equal Rights Amendment cannot be certified without further action by Congress or the courts, as Democrats press President Joe Biden to act unilaterally on its ratification before he leaves office next month.

The five-decade push to amend the Constitution to prohibit discrimination based on sex remains stalled. Congress sent the amendment, which guarantees men and women equal rights under the law, to the states in 1972 and gave states seven years to ratify it, later extending the deadline to 1982. But the amendment wasn’t ratified by the required three-quarters of states before the deadline.

Four years ago, however, Virginia lawmakers voted to ratify the amendment, becoming the 38th and final state needed — albeit nearly four decades after the congressionally mandated deadline for ratification.

More than 120 House Democrats, led by Reps. Cori Bush and Ayanna Pressley, called on Biden on Sunday to direct the archivist to certify and publish the amendment despite the missed deadline.

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