NOW is the time to write women into the Constitution. The ERA has met all of the requirements set forth in Article V of the Constitution but has not yet been published by the U.S. Archivist, David Ferriero. A memo issued by the Office of Legal Counsel (OLC) under the Trump-Barr Department of Justice is currently blocking the Archivist from doing this. NOW, alongside the ERA Coalition and 51 other partners filed an amicus brief in the Court of Appeals to force the Archivist to publish the ERA now. For almost 50 years, we have been fighting to ratify this amendment and we must continue applying pressure to make sure our rights are enshrined in our Constitution. 


What Can I Do? 

 1.   Attorney General Merrick Garland has the authority to direct his Office of Legal Counsel to withdraw the previous Administration’s legal memo, which would allow for publication of the 28th amendment. Join us in support of this effort by signing on to the petition to the Attorney General to add equality on the basis of sex to the Constitution once and for all. To illustrate our strength and solidarity, we want to get 100,000 signatures on this petition before we deliver it to the Department of Justice on January 27, 2022. 

2. Mobilize with NOW and other ERA activists on January 27th for our Rally for Equality in Washington D.C. Commemorating the two-year anniversary of the final state ratification needed to pass the amendment, we will join together to send a strong message to the Biden White House and the Department of Justice that the Trump Administration OLC Memo should be withdrawn. You can sign up here to receive more information: 

3. The U.S. Senate introduced the joint resolution, S.J. 1, on the first day of the session to remove the deadline to ratify the ERA.  Call your senators either directly from this list, or by calling the Capitol Switchboard at 202-224-3121 to say, “I’m calling to urge Senator (Name) to support S.J. Res. 1, to finish the task of guaranteeing equal legal rights for all citizens, regardless of sex.  There can be no time limit on equality.” 


For more information about this vital issue, check out some of NOW’s most recent ERA resources below. Also, be sure to read the amicus brief we filed with our partners to force the Archivist to publish the ERA. Together, we can win this fight for equal rights!