WHAT IS THE ERA?

The Equal Rights Amendment (ERA), the 28th Constitutional Amendment, has already passed two hurdles required to become duly ratified, but it has not yet been rubber-stamped by the president to become law of the land. The Biden administration has a chance to publish and certify it before the transfer of administrations.

This would enshrine the ERA in the U.S. Constitution, where it will guarantee equal rights to all people regardless of sex, protect reproductive rights, bodily autonomy, contraception, same-sex marriage, interracial marriage, and more.

WHY DOES MODERN MILITARY SUPPORT THE ERA?

The ERA explicitly prohibits discrimination based on sex in the U.S. Constitution, ensuring equal rights under the law. This would benefit groups historically marginalized due to sex-based discrimination, including women of color and transgender individuals. Despite progress, recent events highlight the vulnerability of rights based on the legal definition of sex:

1. Dobbs decision: The Supreme Court overturned Roe v. Wade, removing the federal constitutional right to abortion.

2. Transgender military ban: The Supreme Court allowed a Trump administration policy to go into effect that barred transgender people from joining the military and blocked anyone currently serving from transitioning if they hadn’t yet.

These developments underscore that rights based on sex are not yet fully protected in our democracy. The ERA aims to address this gap by enshrining equal rights, regardless of sex, into the Constitution.

IS THE ERA ENSHRINED IN THE CONSTITUTION YET?

No. When Virginia ratified the ERA in 2020, it met the threshold (38 states) for an amendment to be added to the Constitution. However, the ERA faces several obstacles before it becomes law:

1. Time limit: The original ratification deadline set by Congress has passed, which raises questions about the validity of recent state ratifications.

2. Publication issue: The Archivist of the United States has not yet published the ERA in the Federal Register with certification of its ratification as the 28th Amendment.

3. Legal disputes: There are ongoing debates and legal challenges regarding the ERA’s status due to its unique ratification process.

HOW CAN THE ERA BECOME AN OFFICIAL, CERTIFIED PART OF THE CONSTITUTION?

President Biden has the authority to bypass some of these obstacles and instruct the National Archivist to publish and certify the ERA. This would enshrine the ERA in the U.S. Constitution.

Given the incoming administration’s publicized anti-equality agenda, our best chance of seeing the ERA become law is if Biden takes this critical step before he leaves office.

WHAT CAN YOU DO TO SEE THE ERA BECOME PART OF THE CONSTITUTION?

Visit bidenpublishtheera.org and learn how to advocate for President Biden to publish the ERA. You’ll learn how to:

– Sign a petition
– Call or text the presidential administration
– Post on social media
– Write a letter

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