Congresswomen Bush, Pressley, Colleagues Urge President Biden to Publish the Equal Rights Amendment Before Leaving Office
Washington Post: “the latest and largest effort by a group of congressional Democrats seeking to make sex equality a legal reality”
Washington, D.C. (December 15, 2024) — Today, Congresswomen Cori Bush (MO-01) and Ayanna Pressley (MA-07)led 120 of their colleagues in a letter to President Biden urging him to direct the Archivist to certify and publish the Equal Rights Amendment (ERA) as the 28th Amendment to the U.S. Constitution before the end of his presidency.
“We must continue our efforts to fully affirm and recognize the equality of rights for all people, regardless of sex, as part of our Constitution, a vital effort that has never been more urgent. This action is essential as we prepare to transition to an administration that has been openly hostile to reproductive freedom, access to health care, and LGBTQIA+ rights,” wrote the lawmakers. “Solidifying your legacy on equal rights with a final action on the ERA would be a defining moment for the historic Biden-Harris administration and your presidency.”
Article V of the U.S. Constitution requires amendments to be proposed by Congress or a constitutional convention, and then ratified by three-fourths of state legislatures or state conventions. As of January 2020, the ERA has met the constitutional requirements for ratification. According to 1 U.S.C. § 106b, once enough states approve an amendment, "the Archivist must certify that amendment, list the states that approved the amendment, and publish the amendment as an official part of the U.S. Constitution." However, the Archivist has not yet certified nor published the ERA.
“As members of Congress representing specific constituencies, we are uniquely dedicated to representing and defending the will of the people,” continued the lawmakers. “To that end, we assure you that the publication of the ERA has proven time and time again to be the will of the people.”
There is bipartisan support for the ERA, reflecting a broad and growing desire for gender equality to be enshrined in the Constitution. The lawmakers included a 2020 Pew Research Center poll that found “78% of Americans believe the ERA should be part of the United States Constitution” underscoring the widespread belief that gender equality is a fundamental right that should be protected at the highest level of law. With such broad support, it is both a moral and democratic imperative to ensure that gender equality is formally recognized as a constitutional right, guaranteeing equal treatment under the law for all people, regardless of sex.
“We believe that recognizing the ERA's ratification would not only fulfill the promise of equality enshrined in our founding documents, but would also stand as a defining achievement of your presidency—one that will reverberate across generations. In this critical moment, when the progress we’ve made on gender equality, reproductive rights, and LGBTQ+ protections is under threat, your decisive action to finalize the ERA’s certification would be a powerful statement to the nation and the world: that the United States is committed to ensuring equality for all, regardless of sex,” continued the lawmakers. “By directing the Archivist to publish the ERA, you will leave an indelible mark on the history of this nation, demonstrating once again that your legacy is one of expanding rights, protecting freedoms, and securing a more inclusive future for all Americans. We urge you to take this final, transformative step toward ensuring the full promise of equality for every person in the United States.”
A copy of the letter can be found HERE.
In addition to Congresswomen Bush and Pressley, the letter is signed by Representatives Alma Adams (NC-12), Gabe Amo (RI-01), Jake Auchincloss (MA-04), Becca Balint (VT-At Large), Nanette Barragan (CA-44), Donald Beyer (VA-08), Shontel Brown (OH-11), Julia Brownley (CA-26), Salud Carbajal (CA-24), André Carson (IN-07), Troy Carter (LA-02), Erica Lee Carter (TX-18), Greg Casar (TX-35), Sean Casten (IL-06), Kathy Castor (FL-14), Sheila Cherfilus-McCormick (FL-20), Judy Chu (CA-28), Yvette Clarke (NC-13), Gerald Connolly (VA-11), Jim Costa (CA-21), Mark DeSaulnier (CA-10), Suzan DelBene (WA-1), Madeleine Dean (PA-04), Diana DeGette (CO-01), Debbie Dingell (MI-06), Dwight Evans (PA-03), Adriano Espaillat (NY-13), Veronica Escobar (TX-16), Anna Eshoo (CA-16), Maxwell Frost (FL-10), Valerie Foushee (NC-04), John Garamendi (CA-08), Jesús Garcia (IL-04), Sylvia Garcia (TX-29), Al Green (TX-09), Raul Grijalva (AZ-07), Daniel Goldman (NY-10), Josh Gottheimer (NJ-05), Jahana Hayes (CT-05), Glenn Ivey (MD-04), Jonathan Jackson (IL-01), Pramila Jayapal (WA-07), Sydney Kamlager-Dove (CA-37), Marcy Kaptur (OH-09), William "Bill" Keating (MA-09), Robin Kelly (IL-02), Ro Khanna (CA-17), Daniel Kildee (MI-08), Ann Kuster (NH-02), Barbara Lee (CA-12), Summer Lee (PA-12), Susie Lee (NV-03), Teresa Leger Fernandez (NM-03), Ted Lieu (CA-36), Lucy McBath (GA-07), Jennifer McClellan (VA-04), Gregory Meeks (NY-05), Robert Menendez (NJ-08), Grace Meng (NY-06), Kevin Mullin (CA-15), Wiley Nickel (NC-01), Alexandria Ocasio-Cortez (NY-14), Ilhan Omar (MN-05), Frank Pallone (NJ-06), Jimmy Panetta (CA-19), Chris Pappas (NH-01), Chellie Pingree (ME-01), Mark Pocan (WI-02), Katie Porter (CA-47), Delia Ramirez (IL-03), Jamie Raskin (MD-08), Deborah Ross (NC-02), C.A. Dutch Ruppersberger (MD-02), Jan Schakowsky (IL-09), Adam Schiff (CA-30), Hillary Scholten (MI-03), Robert Scott (VA-03), Mikie Sherrill (NJ-11), Elissa Slotkin (MI-07), Eric Sorensen (IL-17), Abigail Spanberger (VA-07), Haley Stevens (MI-11), Eric Swalwell (CA-14), Shri Thanedar (MI-13), Bennie Thompson (MS-02), Rashida Tlaib (MI-12), Jill Tokuda (HI-02), Paul Tonko (NY-20), Lori Trahan (MA-03), Lauren Underwood (IL-14), Nydia Velazquez (NY-07), Debbie Wasserman Schultz (FL-25), Bonnie Watson Coleman (NJ-12), Jennifer Wexton (VA-10), Nikema Williams (GA-05), and Frederica Wilson (FL-24).
The letter is endorsed by the ERA Coalition, Center for American Progress, Shattering Glass, ERA Publication Task Force, League of Women Voters, Gen Z for Change, Young Feminist Party, National Women's Political Caucus, National Council of Jewish Women, American Medical Women's Association, All Above All, Catholics for Choice, Equality Now, Center for Common Ground, Advocates for Youth, Free Speech For People, Alice Paul Center for Gender Justice, EQUAL MEANS EQUAL, Combat Sexual Assault, Military and Veterans Women’s Coalition, Abortion Action Missouri, ERA Minnesota, and AAUW South Carolina.
In March 2023, Congresswoman Bush, alongside Congresswoman Pressley, launched the first-ever Congressional Caucus for the Equal Rights Amendment. This caucus was launched exactly 100 years after the Equal Rights Amendment (ERA) was first introduced in Congress in 1923 to commemorate the centennial of the struggle for constitutional gender equality. The caucus aims to affirm the Equal Rights Amendment as the 28th amendment to the Constitution; raise awareness in Congress to establish constitutional gender equality as a national priority; partner with an inclusive multi-generational, multi-racial coalition of advocates, activists, scholars, organizers, and public figures; and center the people who stand to benefit the most from gender equality, including Black and brown women, LGBTQ+ people, people seeking abortion care, and other marginalized groups.
In July 2023, Congresswoman Cori Bush and Senator Kirsten Gillibrand (D-NY) introduced the ERA Now Resolution, urging the Archivist of the United States, Colleen Shogan, to certify the state ratifications of the ERA and publish the Equal Rights Amendment in the federal register, cementing it as a formal part of the U.S. Constitution. Currently, the ERA Now Resolution has 131 cosponsors.
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