January 27, 2022 we entered a new Democracy as the Equal Rights Amendment came into full force and effect.
However its validity is being undermined by Biden Administration and the Senate by blocking publication of an updated Constitution containing the 28th Amendment.
OVERVIEW -
165 Countries include Women as equal in the foundational documents;
The US is the 10th most dangerous country in the world for women;
The "Me Too" Movement is a symptom of not having equal protection of the law for Women in our Constitution.
PRESIDENT AND SENATORS HAVE TAKEN AN OATH -
Senator’s oath is to support and defend the Constitution;
President’s oath is to preserve, protect and defend the Constitution.
WE THE PEOPLE HAVE SPOKEN -
We the people have amended the Constitution, so we are all citizens of equal stature, on January 27, 2020 with the Equal Rights Amendment (“ERA” “28th”)
We have remedied the exclusion of Women in 1868 from the 14th Amendment;
When 3/4s of the States ratify an Amendment an updated Constitution, by law, is to be published.
WE ARE IN A CONSTITUTIONAL CRISIS -
Every Constitutional Amendment has had legal issues to be resolved;
Every Constitutional Amendment has been published when the requisite States ratified;
The 27th Amendment took 200 years to be ratified. Amidst controversy the Archivist published the 27th Amendment on MAY 5, 1992;
On October 25, 2012 the Archivist of the United States ("Archivist") responded to Congresswomen Maloney and said that when 38 States ratify the ERA he will publish an updated Constitution.
ERA IS NOT PUBLISHED -
On January 6, 2020 a President, who profoundly disrespected Women, bullied a clerk so that he was blocked from performing his job and publishing an updated Constitution on January 27, 2020 (“Bullying Memo”);
The People brought lawsuits in court under the old Administration in to compel the Archivist to do his job;
The Government argued in court against the will of the people and against Democracy;
The courts punted and said that the plaintiffs did not have standing to sue. (Cases have been appealed with Biden Administration is now arguing against ERA.)
IF YOU CANNOT CHANGE THEIR MINDS CHANGE THEIR SEATS -
Women went into action and 67 million women voted for Biden/Harris;
Biden/Harris campaigned on Women’s equality;
January 20, 2021 President Biden took office;
To date President Biden has not removed the Bullying Memo blocking publication;
Government lawyers under this Democratic Administration continued to argue in court against the ERA.
BIDEN ADMINISTRATION IS NOW BLOCKING PUBLICATION -
On January 25, 2022 a letter was sent to Office of Legal Counsel ("OLC") from 3 Senators and 2 Congresswomen to remove the Bullying Memo;
January 26, 2022 the OLC published a Slip opinion that did not remove the Bullying Memo but recast it and said we agree that the ERA does have some legal issues that need to be worked out in court and that the Legislative Branch can play a role;
OLC denied the Executive Branch’s role in validating ERA;
January 27, 2022 the two year grace period for the Federal and State Governments to bring their laws into alignment expired;
January 27, 2022 the ERA takes full force and effect except its validity is being undermined by the Executive Branch through blocking publication.
In addition the Judicial Branch, aligning itself with the Government, has not ordered the Archivist to do his job.
March 4, 2022 the Biden Administration filed on in DC US Court of Appeals a brief for the Archivist arguing in circles for non publication.
SENATE GOP IS NOW BULLYING ARCHIVIST NOT TO PUBLISH -
February 8, 2022 Letter sent by 3 GOP senators Johnson, Portman and Romney bullying the Archivist, and his successor, saying the ERA is to NEVER be published because they agree with the Bullying Memo that there are no legal issues.
February 18, 2022 Letter sent by 7 GOP Senators to the Archivist Lankford, Daines, Moran, Boozman, Hyde-Smith, Graham and Lee instructing him not to publish.
No response from Executive Branch to Blumenthal 1/25/22 letter;
No response from any Senators to the 2/8/22 letter which is in violation of all Senator's oath of office to support and defend the Constitution.
No response from any Senators to the 2/18/22 letter defending our Democracy.
WHERE WE ARE -
We cannot get assurance from the Biden Administration that it will not continue to argue against publication of ERA in court;
With non publication the courts are not required to use a Strict Scrutiny standard when analyzing whether the Government has discriminated against women
(Only 47% of cases under intermediate scrutiny prevail compared to Strict Scrutiny where the probability of prevailing improves to 73%;
Non publication undermines the validity and rights of 167 million Women and girls giving the damaging and false perception the the ERA has not taken effect or is flawed.
Possession is 90% of the law. Non publication, non possession makes it easier for the courts to not be supportive of Women's equality. A court rollback does not require a reprinting of the Constitution.
LEGAL ISSUES -
There are 2 legal issues to be adjudicated by the courts not by the Executive Branch or the media - Rescission and Deadline
5 States rescinded their ratifications in the 1970s (NE, TN, ID, KY SD )
A 7 year deadline for ratification was placed in the PREAMBLE of the Amendment. States did not vote on the Amendment with the preamble.
These issues cannot be adducted if the courts continue to deny plaintiffs the standing to sue.
CONGRESS AND DEADLINE -
Early on Congress extended the ERA ratification deadline to 1982.
35 States ratified;
Getting the required 38 States remained elusive since the money and patriarchy lined up against ERA;
Then under President Reagan in 1982 both parties abandoned striving for a Democracy that includes Women as equal;
In the last few years Congress has voted numerous times to eliminate the deadline. Most recently on March 17, 2021;
Presently the Senate is working on SJRes1 to vote to eliminate the deadline. (So far all Democratic Senators have co-sponsored plus King, Murkowsi and Collins and advocates are looking for 8 GOP Senators to join.)
Publication is mandated by law when the 38th State ratified on 1/27/20;
(A position by some Senators that a successful vote is necessary on the deadline elimination (SJRes1) in order for an updated Constitution to be published is concerning.)
NON PUBLICATION IS A CIVIL RIGHTS ISSUE -
The ERA elevates women to full equal rights on par with race, religion and national origin;
The ERA creates an anchor for all Government regulations, policies and laws that Women are to be honored and respected as citizens of equal stature;
The ERA requires courts to use a Strict Scrutiny Analysis for sex discrimination by the Government;
By January 27, 2022 all Attorney Generals should have examined their laws, policies and regulations for sex discriminatory provisions
NON PUBLICATION IS A NATIONAL SECURITY ISSUE -
17% of military (Navy, Army, Air Force & Coast Guard) ( 8%of Marines) are female;
To do the best job for our nation they need to be supported and given the foundation to thrive;
Blocking ERA effectiveness combined with the fallout from the militancy of the last administration puts women at risk in multiple ways;
They are concerned.
WOMEN’S RIGHTS TWISTING IN THE WIND -
1868 Women were purposely excluded from the 14th Amendment and the courts have denied them equal protection of the law. Gaming the system against 50% of the population.
After 174 years the people have spoken and we have amended the Constitution with the 28th Amendment;
Effectively without publication thousands of decisions are being made in our homes, legislatures and courts that are based on the false perception that Women are 2nd class citizens;
WITHOUT ERA
Courts are free to skirt applying a Strict Scrutiny analysis to sex discrimination by the Government;
The Government can refuse to enact and enforce laws that effectively address rape and domestic violence;
States can continue to discriminate against Women in pay, benefits, safety;
States have the ability to strip women of personal autonomy and bodily integrity based on 2nd class status;
Women in the military are not fully supported. This is a national security issue;
Judges and prosecutors can continue to value women’s lives as less than men;
2nd class citizens will always be paid less, valued less and raped more;
WHAT WE NEED
From the President -
President Biden to clear the log jam ASAP so the Archivist can comply with the law and publish an updated Constitution containing the 28th Amendment;
President Biden be constantly mindful of the importance of the ERA to our families, the country and the world;
President Biden to lead us in celebrating our new Democracy which has been envisioned by generations of Americans;
From the Senators -
Senators to understand the back and forth on the ERA and their role;
Senators need to write a letter to the Archivist telling him to follow the law and publish based on his 10/25/12 position. (see cite below)
Senators to make clear to the President that publication is important, expected and necessary;
Senators to put the ERA front and center of all conversations and educate people about this great achievement ;
Senators need to talk about the cruelty of expecting the equality of half the population to be achieved in 7 years and the fact that the political wrangling of the 1970s were hopeful but pragmatic with the deadline pushed into the preamble;
Senators through speech, social media, on Senate websites, Senate policies and correspondence with constituents consistently state that ERA is part of the Constitution; that this country is a world leader in Democracy and that we are in a new era.
Information to refer to
Equal Rights Amendment 28th Amendment to the U. S. Constitution
Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
Section 3. This amendment shall take effect two years after the date of ratification.
10/25/12 Archivist Memo to Carolyn Maloney on his position before bullied - https://voteequality.files.wordpress.com/2020/07/archivist-letter-to-maloney-2012.pdf
2015 - Watch 30 minute film “Legalize Equality” by Kamala Lopez to see what is happening in US without ERA - https://bit.ly/3gnSo6b
1/6/20 OLC Bullying Memo - https://bit.ly/3GFdMQQ
5/5/21 Biden administration arguing against ERA - 1st Circuit Court of Appeals Go to 3:05 whole argument. https://www.youtube.com/watch?v=qJmwuiocglI
5/5/21 Final Argument by Wendy Murphy, Esq on behalf of ERA 1st Circuit Court of Appeals Go to 3:49 https://www.youtube.com/watch?v=qJmwuiocglI
1/10/22 Kathleen Sullivan, Esq Amicus Brief with over 200 Constitutional scholars that the Constitution has been amended with the ERA -
https://www.eracoalition.org/wp-content/uploads/2022/01/01.10.2022-Constitutional-Law-Scholars-Catharine-MacKinnon-et-al.-Amicus....pdf
Kathleen Sullivan, Esq explaining her brief - https://bit.ly/3HfFzHO
List of the Constitutional Scholars signing amicus brief -
https://docs.google.com/document/d/1Vnm0dqNvxB_-fM3KWmGEngA82CqdhmC7mWaCuasVAIA/edit?usp=sharing
1/25/22 Blumenthal Letter - https://bit.ly/3H9Wb4H
1/26/22 OLC Slip opinion on Deadline - https://www.justice.gov/olc/file/1466036/download
2/8/22 Letter from 3 GOP Senators - Johnson, Portman & Romney
https://www.hsgac.senate.gov/imo/media/doc/2022-02-08%20Letter%20to%20Archivist%20re%20ERA.pdf
2/18/22 Letter from 7 GOP Senators - Lankford, Daines, Moran, Boozman, Hyde-Smith, Graham, Lee
https://www.lankford.senate.gov/imo/media/doc/02162022%20ERA%20Letter%20w%20signers.pdf
The Biden Agenda for Women
"As President, Biden will work with advocates across the country to pass the Equal Rights Amendment (ERA) so women’s rights are once and for all explicitly enshrined in our Constitution. Biden co-sponsored the ERA nine times. As President, he will work with advocates across the country to enshrine gender equality in our Constitution. Now that Virginia has become the 38th state to ratify the ERA, Biden will proudly advocate for Congress to recognize that 3/4th of states have ratified the amendment and take action so our Constitution makes clear that any government-related discrimination against women is unconstitutional. " https://joebiden.com/womens-agenda/