Statement on the Equal Rights Amendment Ratification Process
Media Alert · Tuesday, December 17, 2024

Washington, DC

Archivist of the United States Dr. Colleen Shogan and Deputy Archivist William J. Bosanko released the following statement today on the Equal Rights Amendment and the constitutional responsibilities for administering the ratification process:  

“As Archivist and Deputy Archivist of the United States, it is our responsibility to uphold the integrity of the constitutional amendment process and ensure that changes to the Constitution are carried out in accordance with the law. At this time, the Equal Rights Amendment (ERA) cannot be certified as part of the Constitution due to established legal, judicial, and procedural decisions.

“In 2020 and again in 2022, the Office of Legal Counsel of the U.S. Department of Justice affirmed that the ratification deadline established by Congress for the ERA is valid and enforceable. The OLC concluded that extending or removing the deadline requires new action by Congress or the courts. Court decisions at both the District and Circuit levels have affirmed that the ratification deadlines established by Congress for the ERA are valid. Therefore, the Archivist of the United States cannot legally publish the Equal Rights Amendment. As the leaders of the National Archives, we will abide by these legal precedents and support the constitutional framework in which we operate.

“The role of the Archivist of the United States is to follow the law as it stands, ensuring the integrity of our nation’s governing institutions. Personal opinion or beliefs are not relevant; as the leaders of the National Archives, we support established legal processes and decisions.  

“We will continue to serve with transparency and integrity as we move forward in addressing this and all matters related to our Constitution.”

ADDITIONAL BACKGROUND INFORMATION

• 2020 OLC Slip Opinion: Ratification of the Equal Rights Amendment
• Joint Stipulation and Plaintiff’s Notice of Voluntary Dismissal
  (See paragraph 3 for the requirement to wait 45 days from an announcement by the Justice Department that the Archivist has the authority to certify the amendment before doing so) 
• 2022 National Archives ​​Press Statement in Response to Media Queries About the Equal Rights Amendment
• 2022 U.S. Senate Confirmation Hearing for Dr. Shogan
  (See question and answer about ERA at 53 mins)
• 2022 OLC Slip Opinion: Effect of 2020 OLC Opinion on Possible Congressional Action Regarding Ratification of the Equal Rights Amendment
• National Archives Resources About the Equal Rights Amendment
   

About the National Archives

The National Archives and Records Administration is an independent federal agency that serves American democracy by safeguarding and preserving the records of our government so people can discover, use, and learn from this documentary heritage. The National Archives ensures continuing access to the essential documentation of the rights of American citizens and the actions of their government. From the Declaration of Independence to accounts of ordinary Americans, the holdings of the National Archives directly touch the lives of millions of people. The agency supports democracy, promotes civic education, and facilitates historical understanding of our national experience. The National Archives carries out its mission through a nationwide network of archives, records centers, and Presidential Libraries and online at www.archives.gov.