Our Letter to the AG

While the ERA has met all the requirements outlined in Article V of the Constitution necessary to become a constitutional amendment, National Archivist David Ferriero will not record it in the Constitution because the US Justice Department, under former Attorney General Bill Barr, instructed him not to do so. 


In partnership with Free Speech For People and other partner organizations, we sent a letter to Attorney General Merrick Garland demanding he instruct the Department of Justice’s Office of Legal Counsel to rescind its January 6, 2020 advisory opinion regarding the ratification of the ERA so that Ferriero can include the ERA in the Constitution. 


We believe that the Department of Justice is not, and should not be considered, a gatekeeper on the legal validity of an amendment, and we believe the legal basis the Office of Legal Counsel included in its January 2020 ruling is invalid, as the deadline it is referencing in Dillon v. Gloss was included in the text of the proposed amendment ratified by Congress. 

The certification of the Equal Rights Amendment will have wide-reaching, material impacts on the lives of all Americans. It is intersectional with economic justice, racial justice, queer liberation, climate justice, and so much more. Our aim with this letter is to not only pressure Attorney General Merrick Garland to rescind the January 6th memo, but to also show the support of organizations from a multitude of issue areas to highlight both the intersectionality of gender equity and the broad support for the ERA. 

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