VoteERA.org committed to fighting for constitutional equality for women in the USA and for protection against sex discrimination in Oregon and around the world.
VoteERA.org filed an Amicus Brief, (along with other organizations and companies that included Apple, Microsoft, Google and many more) in support of a federal lawsuit, COMMON WEALTH OF VIRGINIA , STATE OF ILLINOIS, and STATE OF NEVADA, Plaintiffs, v. DAVID S. FERRIERO, Defendant, in his then official capacity as Archivist of the United States who is responsible for publishing constitutional amendments once they are ratified. The new National Archivist, Colleen Joy Shogan (since May 2023) whom was nominated by U.S. President Biden, has still not published the Equal Rights Amendment (ERA) that was ratified.
VoteERA.org was granted permission to file an Amicus Brief. Our argument is centered on the fact that Article V in the U.S. Constitution means what it says and it doesn't make any accommodation for Congress to impose a deadline on ratification. Therefore, when Virginia notified the Archivist that it had ratified the ERA, it became the 38th state to do so. Therefore the Equal Rights Amendment is part of the Constitution the new Archivist
Additional amicus briefs were filed in support of the ERA which include the support of companies of Apple, Microsoft, Google, and many more.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
COMMONWEALTH OF VIRGINIA, STATE
OF ILLINOIS, and STATE OF NEVADA,
DAVID S. FERRIERO, in his official capacity
as Archivist of the United States,
BRIEF AMICUS CURIAE OF
VOTEERA.ORG AND LEANNE LITTRELL DILORENZO
IN SUPPORT OF PLAINTIFF STATES
BACKGROUND INFORMATION ON THE AMICUS BRIEFS FROM 2020
"RICHMOND, Va. (AP) — The Trump administration has asked a judge to throw out a lawsuit filed by three Democratic state attorneys general seeking to force the U.S. archivist to recognize Virginia’s vote to ratify the Equal Rights Amendment and adopt it in the U.S. Constitution.
Virginia became the 38th and final state needed to make the ERA part of the Constitution in January, after the General Assembly passed and ratified the amendment.
Attorney General Mark Herring sued David Ferriero, the archivist of the United States, after the National Archives and Record Administration said Ferriero would “take no action” to certify the adoption of the Equal Rights Amendment. Herring was joined in the lawsuit by Illinois Attorney General Kwame Raoul and Nevada Attorney General Aaron Ford, the attorneys general of ratifying states number 36 and 37.
“Donald Trump is telling the women of America that, after 231 years, they should just sit down and wait even longer for equal treatment under the Constitution. It’s wrong, it’s offensive, and it’s shameful,” Herring said in a statement Friday.
The ERA’s future is uncertain in part because a ratification deadline enacted by Congress passed decades ago.
On Thursday, the Trump administration asked the court to dismiss the lawsuit, arguing that ratification is not an issue to be decided by the courts.
In a memo supporting the motion to dismiss, Assistant Attorney General Joseph Hunt said the Supreme Court held nearly a century ago that Congress may set a deadline for the ratification of constitutional amendments so that the contemporaneous will of the people is reflected in the amendments.
Herring and other attorneys general argue that the deadline — first set for 1979 and later extended to 1982 — is not binding.
The administration argues that the three states ratified the ERA decades after Congress’ ratification deadline and are asking the court to mandate that the archivist certify the ERA.
“But that request is contrary to Supreme Court precedent prohibiting courts from second-guessing the legislature’s inclusion of a deadline for ratification,” they argued.
In the lawsuit, filed in U.S. District Court for the District of Columbia, the attorneys general argue that a proposed constitutional amendment automatically becomes valid as part of the Constitution as soon as it is ratified by the legislatures of three-quarters of the states, or 38. They also argue that the archivist’s duty to certify the amendment is “mandatory and purely ministerial.”
In declining to certify the ERA, the National Archives and Records Administration said it was following advice from the U.S. Department of Justice, which issued an opinion in January saying it was too late for states to sign off because of the deadline. The department said the amendment process must begin all over again. Herring said he and the other attorneys general plan to file legal briefs opposing the Trump administration’s motion to dismiss their lawsuit.
The Department of Justice did not immediately respond to a request for comment.
The ERA states, in part, “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”
Supporters believe it would offer stronger protections in sex discrimination cases and give Congress firmer ground to pass anti-discrimination laws.
Opponents say they believe it could erode commonsense protections for women, such as workplace accommodations during pregnancy, and could be used by abortion-rights supporters to quash abortion restrictions on the grounds they discriminate against women.'