US Archivist says NARA cannot codify Equal Rights Amendment due to missed ratification deadline

The archivist and deputy archivist of the United States on Tuesday said the National Archives cannot codify the 1970's Equal Rights Amendment because the deadline for ratification passed without enough votes.

Over 100 House Democrats pushed President Joe Biden on Sunday to direct the National Archives and Records Administration (NARA) to certify and publish the amendment despite the missed deadline, according to ABC News.

The amendment would enshrine a federal ban on sex-based discrimination into the United States' Constitution.

“Solidifying your legacy on equal rights with a final action on the ERA would be a defining moment for the historic Biden-Harris administration and your presidency,” the lawmakers wrote to Biden.

Congress passed the Constitutional amendment in 1972 and sent the matter to states for ratification with a deadline of 1979, which was later extended to 1982. However, only 35 states voted to ratify the amendment by the deadlines, three short of the 38 needed. But Illinois, Nevada, and Virginia have since voted to ratify the amendment.

US Archivist Dr. Colleen Shogan and Deputy Archivist William Bosanko said in a joint statement that neither the president nor the archives can publish the amendment without Congress or the courts lifting the deadline.

“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," the pair said in the statement shared with Just The News. "At this time, the Equal Rights Amendment (ERA) cannot be certified as part of the Constitution due to established legal, judicial, and procedural decisions."

The pair said the Justice Department's  Office of Legal Counsel has affirmed that the ratification deadline established by Congress for the amendment is valid and enforceable at least twice so far, along with District and Circuit courts.

"Therefore, the Archivist of the United States cannot legally publish the Equal Rights Amendment," they said. "As the leaders of the National Archives, we will abide by these legal precedents and support the constitutional framework in which we operate."

Misty Severi is an evening news reporter for Just The News. You can follow her on X for more coverage.