She would want Biden to instruct the national archivist to publish the Equal Rights Amendment! It is now fully ratified and ready to be added to our Constitution!
We have to encourage Republican women in Congress to abstain from or even vote NO to any Republican bills until they have equal representation in committee leadership.
As of 2024, the Equal Rights Amendment (ERA) has not been ratified by four states: Florida, Louisiana, Utah, and Virginia. These states have state-level equal rights amendments or guarantees.
The ERA would add the concept of women's equality to the US Constitution and prohibit all forms of sex discrimination. The ERA was presented to state legislatures in 1972, with a seven-year deadline to be ratified by 38 states. However, five states have since rescinded their ratification of the ERA:
Nebraska, in 1973
Tennessee, in 1974
Idaho, in 1977
Kentucky, in 1978
South Dakota, in 1979
The U.S. Archivist's certification of the legal sufficiency of ratification documents is final and conclusive. The Archivist has not yet certified the ERA's ratification and published it in the Federal Register.
On March 22, 1972, the ERA was placed before the state legislatures, with a seven-year deadline to acquire ratification by three-fourths (38) of the state legislatures. A majority of states ratified the proposed constitutional amendment within a year
Right ON! I have written Biden. I hope every substack reader emails, writes, phones Biden. Publish the ERA now - it needs to be added to our Constitution. Why is it taking so long?
Cmon, you know exactly WHY. Personally I would love to see it ratified but there are several remaining legal challenges that must be decided. Those are VERY real and there is no basis for the archivist to declare it ratified until the courts give it a green light.
As with other things that Biden "sat on" there was little pressure applied to get a decision during the four years of Biden's administration. The theoretical last ratification occurred in 2020 while Trump 1.0 was still in office. As with the cases against Trump, for the first two years of Biden, very little was done to move ratification forward. So sadly Biden needs to take responsibility for the foot dragging on the ERA while he was President.
Sorry to be a downer here but this is clearly another albatross on Biden's legacy.
I thought the ERA was held up in the courts due to logistics (and the five states that rescinded their votes to ratify).
Here's an excerpt on legislation that has been proposed last year but not voted upon. Perhaps I'm wrong (I hope I am, because I came here to ask why this bill isn't being voted on to get our equal rights in the Constitution:
"The Equal Rights Amendment was originally proposed to the states in 1972. The original proposal included a deadline for ratification of March 22, 1979; Congress subsequently extended the deadline to June 30, 1982. Although the requisite 38 states have ratified the amendment, three of these states did so after the deadlines, and five states subsequently rescinded their ratifications. The status of the amendment has been the subject of litigation."
Go to VoteEquality.us for great information on why Biden can and should have the National Archivist sign and publish the ERA. Over 400,000 lawyers have concluded that imposing a deadline for an amendment is in and of itself unconstitutional. 46 Senators have written Biden urging him to do it as well as 120 House members. I wish I could send you those letters. They are very strong. And yes it could get challenged but how would that look? For many folks in the know, it's now or never!!
Thank you for this information, Sandy. It seemed petty that filing after a deadline should nullify a ratification of such an important bill that is so long overdue (although I think Professor Richardson made it clear why the Right has been against women's rights--especially since the women's liberation movement (which should be called the Equal Rights Movement).
Sandy, getting back to the ERA-- what, if anything, are the repercussions of the five states that rescinded the ratification?
We only need 38 states.
I have to do some more research.
Thank you for giving me a good place to start. Much appreciated! I agree with you 100% that this should be one of our priorities--- even if 45 tries to bypass the Constitution, I'm hoping that if the ERA is published, Congress could hold it up, as well as the courts, when 45 and Co. going after our rights.
You might remember from your school classes that the courts ultimately decide what is and isn't constitutional. So even if a million attorneys said it was okay, Biden would STILL be required to get a ruling on a very critical issue. He can not unilaterally decide this one the court suits were filed (many years ago). As his justice department has done throughout his presidency, his foot dragging is the reason we don't have an ERA at this point.
While 38 states have, at one time or another, ratified the ERA, there are still legal challenges to final ratification that are in process in various courts based on the 7 year ratification time limit that was imposed in the amendment when it was passed so many year ago. It did NOT (sadly) get the necessary 38 states to ratify in the first 7 years and there have been continued legal challenges to whether that restricting was constitutional.
In the meantime several states that initially ratified have withdrawn their ratification and there are other lawsuits questioning whether such deratification is even possible.
For the moment, the ERA is on hold by the courts and it is at least questionable whether the archivist can legally certify the amendment and that's why it had not been entered into the Constitution.
Even if it were to be entered as such, the legal challenges would continue and in the end the Supreme Court will probably have to make the final decision. Given the court's current status I question whether the ERA will ever become "law of the land".
I am a fan of the very human package that constituted FDR. While imperfect, flawed, prone to acts of selfishness, he simultaneously worked untiringly for individuals who needed assistance. I became aware of FranceтАЩs Perkins role in creating a government тАЬforтАЭ the people through two terrific biographies. H W BrandsтАЩ Traitor to his Class, and Doris Kerns GoodwinтАЩs No Ordinary Time.
The role of women in our society has consistently been underplayed. Thank you Heather for this wonderful letter recognizing one womanтАЩs contributions.
Our nation missed a real opportunity to do just that, in the spirit of FDR, Biden & Perkins, by electing the Harris/Walz team. We sure shot ourselves in the foot.
I used to think that was THE answer but then along came BBBBB (aka Marjorie Taylor Greene), Lauren Bohnert, Nancy Mace, Kristie Noem, Kay Ivey, Virginia Foxx, Marie LePen, Giorgia Meloni, et alia such that now I accept that not just any woman but one who understands the assignment.
MisTBlu, excellent observation. Those women you listed have given up their sacred feminine for acceptance in the patriarchy and seem to think that if they behave badly, it somehow makes them strong women instead the embarrassments they are.
Michele, there is a 2017 novel (on ObamaтАЩs list of books to read in 2017) by Naomi Alderman тАЬThe PowerтАЭ which is a thought-experiment tome with themes of gender, power, control, cults, religion, social media. I found it interesting, thought provokingтАжsometimes disturbingтАжother times my response was тАЬhell yeah!!!тАЭ. BTW also recommend her novel The Future (climate change, corporations and the 1%).
Thank you for these suggestions. I will put them on my list. In a holding pattern as my husband and I get each other books for Christmas and no book ordering after a certain date. And we have to read the book before we get another one. I saw several packages from Powell's come and I have a big box full ready for the first on Christmas day. Fiction of nonfiction.
So those who understand the assignment might have a turning-point decision to make if they've (or we've) been behaving in arenas of comfortable contribution. Time to sharpen tongues and pens, get out the dancing shoes and bright colors?
Re-reading your comment, Joan, brought back memories of when I had a significant other(SO) or spouse. Used to be тАЬhouse rulesтАЭ whoever cooked the meal did not clean up, the other partner would. Well well wellтАж.I tend to clean up as I cook (always have), so much less by way of tasks after any meal I prepared. One SO was a strew-it-around-the-kitchen kinda cook, not quite spaghetti on the ceiling, but very closeтАжlolтАжhe always got the better end of that deal!!! I also pick up litter on my hikesтАж
Mike, have great admiration for Rep Andy Kim, seen on his knees cleaning up after the rioters trashed the capitolтАжhe just rolled up his sleeves (so to speak) and got to work тАЬgetting it doneтАЭ. HadnтАЩt been aware of him at the time, but my immediate reaction was тАЬI really like this guyтАЭ, and have been sort of following him ever since, even thoтАЩ he represents NJ and IтАЩm from CA!
Well so far women are 0 for 2 in getting the highest office of the land. India has had a women leader. Israel has had a women leader. Mexico has a woman leader right now. Even a Muslim country like Pakistan has had a woman leader.
The US has a difficult time acting like a true leader in the world when it is really pretty backward sigh.
Many years ago I read The Woman Behind the New Deal - The Life and Legacy of Frances Perkins by Kirsten Downey. It was engaging, wonderfully written and so informative. I highly recommend it.
I'm going to look for a shirt that says 'Men of Quality are Not Threatened by Women's Equality.' That saying (or something similar) was popular back in the 70's, and we need to bring it back so we can thank all the men who are brave enough to fight alongside us!
I hate to hijack a request for Ned but my thoughts are that there are serious legal claims about the viability of the ratification process which are being dealt with in the court system. The courts have put a hold on ratification until those cases are decided. Biden's Justice department (as it did in many cases) has dragged its heels on getting a decision and is now paying the price. Actions have consequences.
Personally I'd like to see the ERA ratified but there are two major legal questions that MUST be decided. The first is whether the original 7 year limitation on ratification which was written into the legislation for the amendment is legal and binding (if so, ratification was ended long ago before enough states had ratified). The second is whether a state which had ratified can withdraw that ratification before the amendment is in fact completely ratified (five states which ratified early attempted to withdraw). Both cases are in the courts right now and that is why ratification has stalled.
The delay is on Biden's administration. They didn't pursue this very diligently and now want to rush it in but they are blocked by the courts.
Hi, Barbara, thank you for asking. I suspect that Jon is covering anything I would say. ЁЯдЭ
These days, I wonder how permissible a ruling like Dobbs would have been with the Equal Rights Amendment (E.R.A.) in place. With the E.R.A. in the Constitution,, a woman's right to privacy or, in the case of reproductive choice, her exercise of that right might have been stronger. ЁЯТФ
Barbara, I do not know the answer as I am not trained in the law. Some say that the nineteenth amendment -- the right to vote for women -- brought women into the body politic. My feeling has been that I would rather live with belts and suspenders rather than any ambiguity. тЪЦя╕П
Perkins should be the inspiration for a New Democratic Party that focuses on ECONOMIC JUSTICE. The "Perkins Plan" could bolster what she achieved and add a layer to include Medicare for All, Childcare. Eldercare. And a renewed effort to change the tax code from rewarding the oligarchs to helping the Working Class.
Americans are HURTING within the best economy in years. All those happy "stats" we have been justifiably proud of are meaningless if you can't provide for yourself or your family with two full time jobs.
The Waltons have over $400 billion. Their employees are on Medicaid and use food stamps. Ask why that makes sense. Ask why tax payers are subsidizing billionaires.
So grateful to Frances Perkins for being the the motivator she was. She had vision and was able to find support for those. Forever in her debt.
She would want Biden to instruct the national archivist to publish the Equal Rights Amendment! It is now fully ratified and ready to be added to our Constitution!
Are we waiting for men to decide if women are equal?
We have to encourage Republican women in Congress to abstain from or even vote NO to any Republican bills until they have equal representation in committee leadership.
The thought that stays front of mind these days is this - is there any chance, however slim, to finally get the ERA done before January 20th?
How did we get a society where we needed one?
Status of the ERA?
As of 2024, the Equal Rights Amendment (ERA) has not been ratified by four states: Florida, Louisiana, Utah, and Virginia. These states have state-level equal rights amendments or guarantees.
The ERA would add the concept of women's equality to the US Constitution and prohibit all forms of sex discrimination. The ERA was presented to state legislatures in 1972, with a seven-year deadline to be ratified by 38 states. However, five states have since rescinded their ratification of the ERA:
Nebraska, in 1973
Tennessee, in 1974
Idaho, in 1977
Kentucky, in 1978
South Dakota, in 1979
The U.S. Archivist's certification of the legal sufficiency of ratification documents is final and conclusive. The Archivist has not yet certified the ERA's ratification and published it in the Federal Register.
But then google also said.
Did the Equal Rights Amendment ever get ratified?
On March 22, 1972, the ERA was placed before the state legislatures, with a seven-year deadline to acquire ratification by three-fourths (38) of the state legislatures. A majority of states ratified the proposed constitutional amendment within a year
https://www.bidenpublishtheera.org/
Lawrence Ferlinghetti
What about Lawrence Ferlinghetti?
He wrote a poem: I am waitingтАж itтАЩs pretty long and in my high school senior year, 1961, it was pretty cool.
тАжтАж. I am waiting for the rebirth of wonder.
I am waiting for Jesus to come down off the crossтАжтАж
I would have to find my book to know the rest of it.
Lawrence Ferlinghetti turned 100 last week
What was the name, IтАЩll look it up.
Right ON! I have written Biden. I hope every substack reader emails, writes, phones Biden. Publish the ERA now - it needs to be added to our Constitution. Why is it taking so long?
HereтАЩs a link:
https://www.bidenpublishtheera.org/
Cmon, you know exactly WHY. Personally I would love to see it ratified but there are several remaining legal challenges that must be decided. Those are VERY real and there is no basis for the archivist to declare it ratified until the courts give it a green light.
As with other things that Biden "sat on" there was little pressure applied to get a decision during the four years of Biden's administration. The theoretical last ratification occurred in 2020 while Trump 1.0 was still in office. As with the cases against Trump, for the first two years of Biden, very little was done to move ratification forward. So sadly Biden needs to take responsibility for the foot dragging on the ERA while he was President.
Sorry to be a downer here but this is clearly another albatross on Biden's legacy.
Along with him sleeping on the border issue for the first 3 years. Boy IтАЩm i disappointed.
I thought the ERA was held up in the courts due to logistics (and the five states that rescinded their votes to ratify).
Here's an excerpt on legislation that has been proposed last year but not voted upon. Perhaps I'm wrong (I hope I am, because I came here to ask why this bill isn't being voted on to get our equal rights in the Constitution:
"The Equal Rights Amendment was originally proposed to the states in 1972. The original proposal included a deadline for ratification of March 22, 1979; Congress subsequently extended the deadline to June 30, 1982. Although the requisite 38 states have ratified the amendment, three of these states did so after the deadlines, and five states subsequently rescinded their ratifications. The status of the amendment has been the subject of litigation."
HERE'S A LINK TO THE LEGISLATION ITSELF:
https://www.congress.gov/bill/118th-congress/house-joint-resolution/25#:~:text=Although%20the%20requisite%2038%20states,been%20the%20subject%20of%20litigation.
I REALLY hope I'm wrong on this one.
Take good care,
B
Go to VoteEquality.us for great information on why Biden can and should have the National Archivist sign and publish the ERA. Over 400,000 lawyers have concluded that imposing a deadline for an amendment is in and of itself unconstitutional. 46 Senators have written Biden urging him to do it as well as 120 House members. I wish I could send you those letters. They are very strong. And yes it could get challenged but how would that look? For many folks in the know, it's now or never!!
Now or never is right! I don't trust Trump and his cronies at all.... I can see them sending us back to the 1800's and turning us into chattel!
Thank you for this information, Sandy. It seemed petty that filing after a deadline should nullify a ratification of such an important bill that is so long overdue (although I think Professor Richardson made it clear why the Right has been against women's rights--especially since the women's liberation movement (which should be called the Equal Rights Movement).
Sandy, getting back to the ERA-- what, if anything, are the repercussions of the five states that rescinded the ratification?
We only need 38 states.
I have to do some more research.
Thank you for giving me a good place to start. Much appreciated! I agree with you 100% that this should be one of our priorities--- even if 45 tries to bypass the Constitution, I'm hoping that if the ERA is published, Congress could hold it up, as well as the courts, when 45 and Co. going after our rights.
Wishing you a peaceful day.
: )
You might remember from your school classes that the courts ultimately decide what is and isn't constitutional. So even if a million attorneys said it was okay, Biden would STILL be required to get a ruling on a very critical issue. He can not unilaterally decide this one the court suits were filed (many years ago). As his justice department has done throughout his presidency, his foot dragging is the reason we don't have an ERA at this point.
https://www.bidenpublishtheera.org/
ЁЯСН
what is the hesitation on Biden's part?
The rules for passing an amendment stop him. The majority of white women voting for Trump stop him.
I agree. I think this is what feminists are waiting for from Biden.
Beautiful! So timely in these final days of Joe Biden тАШs Presidency !
While 38 states have, at one time or another, ratified the ERA, there are still legal challenges to final ratification that are in process in various courts based on the 7 year ratification time limit that was imposed in the amendment when it was passed so many year ago. It did NOT (sadly) get the necessary 38 states to ratify in the first 7 years and there have been continued legal challenges to whether that restricting was constitutional.
In the meantime several states that initially ratified have withdrawn their ratification and there are other lawsuits questioning whether such deratification is even possible.
For the moment, the ERA is on hold by the courts and it is at least questionable whether the archivist can legally certify the amendment and that's why it had not been entered into the Constitution.
Even if it were to be entered as such, the legal challenges would continue and in the end the Supreme Court will probably have to make the final decision. Given the court's current status I question whether the ERA will ever become "law of the land".
https://www.bidenpublishtheera.org/
I am a fan of the very human package that constituted FDR. While imperfect, flawed, prone to acts of selfishness, he simultaneously worked untiringly for individuals who needed assistance. I became aware of FranceтАЩs Perkins role in creating a government тАЬforтАЭ the people through two terrific biographies. H W BrandsтАЩ Traitor to his Class, and Doris Kerns GoodwinтАЩs No Ordinary Time.
The role of women in our society has consistently been underplayed. Thank you Heather for this wonderful letter recognizing one womanтАЩs contributions.
As the singer/songwriter KebтАЩ MoтАЩ sangтАжPut A Woman In Charge: https://www.youtube.com/watch?v=FciQeRGYFlw
Our nation missed a real opportunity to do just that, in the spirit of FDR, Biden & Perkins, by electing the Harris/Walz team. We sure shot ourselves in the foot.
I used to think that was THE answer but then along came BBBBB (aka Marjorie Taylor Greene), Lauren Bohnert, Nancy Mace, Kristie Noem, Kay Ivey, Virginia Foxx, Marie LePen, Giorgia Meloni, et alia such that now I accept that not just any woman but one who understands the assignment.
MisTBlu, excellent observation. Those women you listed have given up their sacred feminine for acceptance in the patriarchy and seem to think that if they behave badly, it somehow makes them strong women instead the embarrassments they are.
Michele, there is a 2017 novel (on ObamaтАЩs list of books to read in 2017) by Naomi Alderman тАЬThe PowerтАЭ which is a thought-experiment tome with themes of gender, power, control, cults, religion, social media. I found it interesting, thought provokingтАжsometimes disturbingтАжother times my response was тАЬhell yeah!!!тАЭ. BTW also recommend her novel The Future (climate change, corporations and the 1%).
Thank you for these suggestions. I will put them on my list. In a holding pattern as my husband and I get each other books for Christmas and no book ordering after a certain date. And we have to read the book before we get another one. I saw several packages from Powell's come and I have a big box full ready for the first on Christmas day. Fiction of nonfiction.
So those who understand the assignment might have a turning-point decision to make if they've (or we've) been behaving in arenas of comfortable contribution. Time to sharpen tongues and pens, get out the dancing shoes and bright colors?
Barbara, thank You for posting the link to "Put a Woman in Charge". Makes me happy!
Keb Mo get's it...and a lot of other things...everyone wants to party, but no one wants to clean up....
I love to clean up -- it's the quiet communal dance (so to speak). Sometimes I clean up in the midst of parties, like being a fly on the wall.
Re-reading your comment, Joan, brought back memories of when I had a significant other(SO) or spouse. Used to be тАЬhouse rulesтАЭ whoever cooked the meal did not clean up, the other partner would. Well well wellтАж.I tend to clean up as I cook (always have), so much less by way of tasks after any meal I prepared. One SO was a strew-it-around-the-kitchen kinda cook, not quite spaghetti on the ceiling, but very closeтАжlolтАжhe always got the better end of that deal!!! I also pick up litter on my hikesтАж
Mike, have great admiration for Rep Andy Kim, seen on his knees cleaning up after the rioters trashed the capitolтАжhe just rolled up his sleeves (so to speak) and got to work тАЬgetting it doneтАЭ. HadnтАЩt been aware of him at the time, but my immediate reaction was тАЬI really like this guyтАЭ, and have been sort of following him ever since, even thoтАЩ he represents NJ and IтАЩm from CA!
Good one ! Thanks.
so perfect a song for this moment. What a huge opportunity squandered.
It is definitely time to put a woman in charge. Look where we are with men in charge.
Well so far women are 0 for 2 in getting the highest office of the land. India has had a women leader. Israel has had a women leader. Mexico has a woman leader right now. Even a Muslim country like Pakistan has had a woman leader.
The US has a difficult time acting like a true leader in the world when it is really pretty backward sigh.
Keb' Mo' sings another song: The Worst is Yet to Come.
Thank you Barbara. I always enjoy your well thought out comments.
Many years ago I read The Woman Behind the New Deal - The Life and Legacy of Frances Perkins by Kirsten Downey. It was engaging, wonderfully written and so informative. I highly recommend it.
Thanks, IтАЩll look for it at my library.
Eleanor was behind many of FDRтАЩs contributions to improve the lives of everyone.
No Ordinary Time is one of my favorite books!
And this comment is coming from a man. Can we clone you Gary?
I'm going to look for a shirt that says 'Men of Quality are Not Threatened by Women's Equality.' That saying (or something similar) was popular back in the 70's, and we need to bring it back so we can thank all the men who are brave enough to fight alongside us!
There are people with that vision and heart out there. Somehow we need to back them up.
Can you give us your thoughts on the status of the Equal Rights Amendment?
I hate to hijack a request for Ned but my thoughts are that there are serious legal claims about the viability of the ratification process which are being dealt with in the court system. The courts have put a hold on ratification until those cases are decided. Biden's Justice department (as it did in many cases) has dragged its heels on getting a decision and is now paying the price. Actions have consequences.
Personally I'd like to see the ERA ratified but there are two major legal questions that MUST be decided. The first is whether the original 7 year limitation on ratification which was written into the legislation for the amendment is legal and binding (if so, ratification was ended long ago before enough states had ratified). The second is whether a state which had ratified can withdraw that ratification before the amendment is in fact completely ratified (five states which ratified early attempted to withdraw). Both cases are in the courts right now and that is why ratification has stalled.
The delay is on Biden's administration. They didn't pursue this very diligently and now want to rush it in but they are blocked by the courts.
Actions have consequences.
Hi, Barbara, thank you for asking. I suspect that Jon is covering anything I would say. ЁЯдЭ
These days, I wonder how permissible a ruling like Dobbs would have been with the Equal Rights Amendment (E.R.A.) in place. With the E.R.A. in the Constitution,, a woman's right to privacy or, in the case of reproductive choice, her exercise of that right might have been stronger. ЁЯТФ
Barbara, I do not know the answer as I am not trained in the law. Some say that the nineteenth amendment -- the right to vote for women -- brought women into the body politic. My feeling has been that I would rather live with belts and suspenders rather than any ambiguity. тЪЦя╕П
Barbara тАФ please join the groundswell of people calling on Joe Biden to direct the archivist to publish the ERA: https://www.bidenpublishtheera.org/
Behind a great man, there's always a greater woman. It's time to bring them forward!!!
Yes!
Perkins should be the inspiration for a New Democratic Party that focuses on ECONOMIC JUSTICE. The "Perkins Plan" could bolster what she achieved and add a layer to include Medicare for All, Childcare. Eldercare. And a renewed effort to change the tax code from rewarding the oligarchs to helping the Working Class.
Americans are HURTING within the best economy in years. All those happy "stats" we have been justifiably proud of are meaningless if you can't provide for yourself or your family with two full time jobs.
The Waltons have over $400 billion. Their employees are on Medicaid and use food stamps. Ask why that makes sense. Ask why tax payers are subsidizing billionaires.
-AndтАжтАжI know the perfect Sculptor for her monument. SeeтАж..bryanrappsculpture.com