AMERICA NEEDS THE EQUAL RIGHTS AMENDMENT NOW MORE THAN EVER

Daily Action
Written By Donald Brown

QUICK READ: The broadly popular Equal Rights Amendment (ERA), having passed Congress by a 2/3 majority and been ratified by ¾ of the states, must be enshrined in the Constitution. Before Biden leaves office, our Members of Congress must convince him that now is the time for him to instruct the U.S. Archivist to comply with her ministerial responsibility to publish the ERA in the Federal Register and to certify it as the 28th Amendment to the Constitution—thereby solidifying America’s commitment to gender equality and joining the 76% of the world’s Constitutions that guarantee equal rights for women.



CONTENTS:

BACKGROUND

President Biden can solidify America’s commitment to gender equality and protect women, girls, and LGBTQ+ Americans from Trump’s authoritarian agenda by instructing the U.S. Archivist to certify and publish the Equal Rights Amendment (ERA)

The broadly popular ERA would combat sex discrimination, pave the way for further progress toward sex and gender equality, and strengthen legal protections for abortion access and reproductive healthcare.

Article V creates only two requirements for an amendment’s adoption—passage in Congress by a 2/3 majority and ratification by ¾ of the states. It imposes no time limit for ratification and doesn’t recognize rescissions—as demonstrated by prior amendment ratifications.

Approved by Congress during the Nixon administration, Virginia became the 38th state to meet the three-fourths ratification requirement on January 27, 2020.  Under U.S. Code §106b, upon receiving notice of Virginia’s ratification, the U.S. Archivist was mandated to certify and publish the ERA “forthwith.”

Weeks earlier, Trump’s Office of Legal Counsel, however, instructed the Archivist not to do so, based on the flawed contention that the time limit had expired, leaving the ERA in limbo.

The American Bar Association’s 2024 resolution calls for the ERA’s immediate publication and implementation. So do letters Biden received from 46 Senators and 120 Representatives.

As President, Biden can make this happen—merely by directing the Archivist to perform her ministerial duty to publish and certify it.

ACTION One: Call the Senate.

Script for Oregon Senators

SEN. MERKLEY: Portland office: 503-326-3386 | D.C. office: 202-224-3753

My name is [--] and I'm a constituent from [city], Oregon [zip code].

Thank you very much for writing to President Biden urging him to have the Equal Rights Amendment published as the 28th Amendment to the Constitution, but this is not enough. Between now and January 19, you must continue to regularly impress upon him and Vice-President Harris the need to instruct the U.S. Archivist that (1) the two requirements of Article V have been met, (2) U.S. Code §106b requires her to publish and certify all amendments satisfying these requirements, and (3) upon receiving this notice from the President, she must carry out her ministerial duty to publish and certify the ERA.

SEN. WYDEN:

Portland office: 503-326-7525 | D.C. office: 202-224-5244

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Thank you very much for writing to President Biden urging him to have the Equal Rights Amendment published as the 28th Amendment to the Constitution, but this is not enough. Between now and January 19, you must continue to regularly impress upon him and Vice-President Harris the need to instruct the U.S. Archivist that (1) the two requirements of Article V have been met, (2) U.S. Code §106b requires her to publish and certify all amendments satisfying these requirements, and (3) upon receiving this notice from the President, she must carry out her ministerial duty to publish and certify the ERA.

Script for Republican Senators

D.C switchboard: 202-224-3121

My name is [–] and I’m a constituent from [city], [state], [zip code].

All your constituents deserve the same protections under the Constitution, and it is shocking that you are not calling for publication of the Equal Rights Amendment, which passed Congress by a 2/3 majority during the Nixon Administration and would prohibit discrimination on the basis of sex. As your constituent, I demand that you tell President Biden to order the Archivist to publish the ERA immediately.

ACTION TWO: Call the House.

Script for Suzanne Bonamici (OR-01)

Oregon office: 503-469-6010 | DC office: 202-225-0855

My name is [–] and I’m a constituent from [city], Oregon [zip code].

America needs the Equal Rights Amendment now more than ever. Between now and January 19, you must regularly impress upon President Biden and Vice-President Harris the need to instruct the U.S. Archivist that (1) the two requirements of Article V have been met, (2) U.S. Code §106b requires her to publish and certify all amendments satisfying these requirements, and (3) upon receiving notice from the President that these two requirements have been met, she must carry out her ministerial duty to publish and certify the ERA.

Script for Cliff Bentz (OR-02)

Medford office: 541-776-4646 | DC office: 202-225-6730

My name is [–] and I’m a constituent from [city], Oregon [zip code].

All your constituents deserve the same protections under the Constitution, and it is shocking that you are not calling for publication of the Equal Rights Amendment, which passed Congress by a 2/3 majority during the Nixon Administration and would prohibit discrimination on the basis of sex. As your constituent, I demand that you tell President Biden to order the Archivist to publish the ERA immediately.

Script for Earl Blumenauer (OR-03)

Oregon office: 503-231-2300 | DC office: 202-225-4811

My name is [–] and I’m a constituent from [city], Oregon [zip code].

America needs the Equal Rights Amendment now more than ever. Between now and January 19, you must regularly impress upon President Biden and Vice-President Harris the need to instruct the U.S. Archivist that (1) the two requirements of Article V have been met, (2) U.S. Code §106b requires her to publish and certify all amendments satisfying these requirements, and (3) upon receiving notice from the President that these two requirements have been met, she must carry out her ministerial duty to publish and certify the ERA.

Script for Val Hoyle (OR-04)

Eugene office: 541-465-6732 | DC office: 202-225-6416

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Thank you very much for writing to President Biden urging him to have the Equal Rights Amendment published as the 28th Amendment to the Constitution, but this is not enough. Between now and January 19, you must continue to regularly impress upon him and Vice-President Harris the need to instruct the U.S. Archivist that (1) the two requirements of Article V have been met, (2) U.S. Code §106b requires her to publish and certify all amendments satisfying these requirements, and (3) upon receiving this notice from the President, she must carry out her ministerial duty to publish and certify the ERA.

SCRIPT FOR LORI CHAVEZ-DEREMER (OR-05)

Salem office: 503-588-9100 | DC office: 202-225-5711

My name is [–] and I’m a constituent from [city], Oregon [zip code].

All your constituents deserve the same protections under the Constitution, and it is shocking that you are not calling for publication of the Equal Rights Amendment, which passed Congress by a 2/3 majority during the Nixon Administration and would prohibit discrimination on the basis of sex. As your constituent, I demand that you tell President Biden to order the Archivist to publish the ERA immediately.

Script for Andrea Salinas (OR-06)

Salem office: 503-385-0906 | DC office: 202-225-5643

My name is [–] and I’m a constituent from [city], Oregon [zip code].

Thank you very much for writing to President Biden urging him to have the Equal Rights Amendment published as the 28th Amendment to the Constitution, but this is not enough. Between now and January 19, you must continue to regularly impress upon him and Vice-President Harris the need to instruct the U.S. Archivist that (1) the two requirements of Article V have been met, (2) U.S. Code §106b requires her to publish and certify all amendments satisfying these requirements, and (3) upon receiving this notice from the President, she must carry out her ministerial duty to publish and certify the ERA.

FURTHER READING

Donald Brown
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***IMMEDIATE ACTION*** THE SENATE CANNOT ADJOURN UNTIL IT FINISHES ITS WORK