Home Mark Herring BREAKING: Virginia AG Mark Herring Sues U.S. Archivist to Ensure ERA Recognized...

BREAKING: Virginia AG Mark Herring Sues U.S. Archivist to Ensure ERA Recognized as 28th Amendment to the US Constitution

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Great stuff from Virginia AG Mark Herring, who consistently has done a superb job since he assumed the office in January 2014. See below for Herring’s press release and his office’s lawsuit.

ATTORNEY GENERAL HERRING SUES TO RECOGNIZE EQUAL RIGHTS AMENDMENT IN U.S. CONSTITUTION

~ On January 27th, Virginia became the 38th and final state needed to ratify the ERA immediately making it part of the U.S. Constitution ~

RICHMOND(January 30, 2020) – Following Virginia’s historic vote to ratify the Equal Rights Amendment, Attorney General Mark R. Herring today has filed suit to recognize that the amendment has been added to the U.S. Constitution, enshrining equal rights for women. On January 27, 2020, the Virginia General Assembly voted to pass and ratify the Equal Rights Amendment, making it the 38th and final state needed to immediately make it part of the Constitution. As the complaint states: “after generations of effort, the women of this country are entitled to their rightful place in the Constitution”. Joining Attorney General Herring in filing this landmark civil rights lawsuit today are Illinois Attorney General Kwame Raoul and Nevada Attorney General Aaron Ford.

“I am so proud that Virginia was the 38th and final state needed to ratify the ERA, finally pushing us over the edge and enshrining gender equality in our nation’s founding document. For nearly 150 years, the Constitution did not acknowledge the existence of women. Now, 231 years since our country was founded and on the centennial anniversary of the nineteenth amendment, the American people have shown that they are as committed as ever to true equality by adopting the Equal Rights Amendment,” said Attorney General Herring. “For too long, women have not been afforded the same protections as men under the Constitution. Our history is full of strong, amazing women, who faced countless barriers in order to accomplish their dreams and goals. Without their perseverance and tireless hard work we would not be in the position we are today.

“I was raised by a single mother and I saw first-hand the discrimination that she faced in the workplace and in other areas of her life. She was even forced to quit her job as a flight attendant because she got engaged and they had a ‘no marriage policy’.

“We now have this historic opportunity to ensure that equal rights regardless of sex are properly recognized as part of the Constitution. Virginians have made it clear that it is their will that the ERA be ratified and I now have the great honor of continuing that fight to make sure that gender equality is enshrined in the U.S. Constitution, guaranteeing equality for generations of women to come.”

The Equal Rights Amendment states that “equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex”. Though an equal rights amendment was proposed as early as 1923, the ERA was not adopted by Congress until 1972, when it passed with broad, bipartisan support. Virginia’s historic vote on January 27th made it the 38th and final state to pass and ratify the ERA, immediately adding it to the Constitution.

Under the Equal Rights Amendment, the U.S. Constitution finally provides an explicit guarantee of protection against discrimination based on sex. Once these protections are recognized as part of the Constitution they cannot be changed as easily as other laws can. Additionally, the ERA provides clear judicial standards for deciding cases involving gender discrimination.

In the complaint, Attorney General Herring and his colleagues argue that “under Article V, a proposed constitutional amendment automatically becomes ‘valid to all intents and purposes, as part of th[e] Constitution’ as soon as it is ‘ratified by the legislatures of three fourths of the several states’. The complaint further argues that the U.S. Archivist does not have any discretionary authority over which amendments are added to the Constitution and which are not, and must therefore certify the amendment as part of the Constitution.

The complaint also explains why the Equal Rights Amendment remains valid for several reasons. As the Complaint states, “Article V does not empower Congress to dictate when a state may consider – much less ratify – a proposed amendment” and “nothing in Article V suggests – much less clearly requires – that States take action on proposed constitutional amendments within any particular amount of time”. The complaint also explains that “States have no power to rescind prior ratifications”.

“Equal rights are not contingent upon a person’s gender or sex, which is why I was proud to vote in support of the Equal Rights Amendment as an Illinois state senator, and I am committed to continuing to fight for the ERA to be recognized as the 28th Amendment,” Illinois Attorney General Kwame Raoul said. “It is past time that we ensure women across the country have the constitutional equality to which they are entitled, and I look forward to my daughter — who aspires to study law — being able to one day, when sworn into the bar, take an oath to promise to support a constitution that recognizes her right to equality under the law.” ​

“Women have always been endowed with equal rights, even though our country has wrongly failed to recognize them,” said Nevada Attorney General Aaron D. Ford. “These rights are entitled to their rightful place in the Constitution, and I am committed to ensuring they are permanently written into our nation’s history and its future. Advancing civil rights is one of my Administration’s main areas of focus. The gravity of this movement should not be underplayed—today we are advocating for women’s rights here in Nevada and all over the country, and we are taking an essential stride towards inclusivity.”

“This country is ready for Constitutional equality for women,” said Carol Jenkins, Co-President and CEO, ERA Coalition/Fund for Women’s Equality. “Our research shows that 94% of all Americans believe in it. We have worked tirelessly for nearly 100 years. This movement cannot be stopped. We need the equal rights amendment in the Constitution.”

Attorney General Herring has been a strong supporter of the Equal Rights Amendment. Earlier this month, he issued a statement condemning the Trump Administration’s memo that opposed the passage of the ERA and committing to ensuring that the ERA is properly recognized as part of the Constitution when Virginia ratified the amendment.

ELECTED OFFICIALS AND ADVOCATES APPLAUD ATTORNEY GENERAL HERRING’S LANDMARK LAWSUIT TO RECOGNIZE EQUAL RIGHTS AMENDMENT IN U.S. CONSTITUTION
RICHMOND (January 30, 2020) – Today, elected officials and advocates from around the Commonwealth voiced their support for Attorney General Herring’s landmark lawsuit to recognize the Equal Rights Amendment as part of the U.S. Constitution. Attorney General Herring announced the lawsuit that he has filed along with Illinois Attorney General Kwame Raoul and Nevada Attorney General Aaron Ford this morning at a press conference in Washington, DC.

“Women deserve equal rights under the law, period. I’m proud that Virginia was the 38th state to ratify the Equal Rights Amendment, and I’m grateful to Attorney General Mark Herring and all who are fighting to ensure true gender equality in the U.S Constitution,” said Governor Ralph Northam.

“After nearly 100 years of working to put equality into the Constitution, the Virginia General Assembly took the historic, final step to ratify the Equal Rights Amendment. We are grateful to Attorney General Herring for his commitment to ensuring that this 28th Amendment is enshrined in the Constitution and women take their rightful place in our nation’s founding document,” said Speaker of the House Eileen Filler-Corn.

“It is long past due to enshrine the rights of women into the Constitution of the United States. The Virginia Legislature did its part in becoming the 38th state to ratify the ERA, but the fight isn’t over yet. Now it is time to fight the notion that the time for ratification has expired. We stand with and thank Attorney General Mark Herring for his leadership in continuing the fight for equality in the judicial system. Equality does not have an expiration date. We have waited long enough and the time is NOW!” said Senate Democratic Caucus Chair Mamie Locke (D-Hampton), Senate President Pro Tempore Senator L. Louise Lucas (D-Portsmouth), and Senator Jennifer McClellan (D-Richmond)

“The people of Virginia spoke last November, voting a record number of women into the House of Delegates and asking us to ratify the ERA. We are proud to make Virginia the final state to complete the ratification process,” said House Majority Leader Charniele Herring. “Now that we have done our part, we put our support in the Attorney General’s office in fighting this last battle for Constitutional equality.”

“Virginia has said unequivocally that women’s equality is not negotiable and it must be enshrined in our Constitution. I was honored to sponsor and secure passage of Virginia’s ratifying resolution, and I truly appreciate Attorney General Herring taking a courageous step to ensure that the will of Virginians is carried out and the Equal Rights Amendment is recognized as the 28th Amendment to the U.S. Constitution,” said Delegate Jennifer Carroll Foy.

“This country is ready for Constitutional equality for women,” said Carol Jenkins, Co-President and CEO, ERA Coalition/Fund for Women’s Equality. “Our research shows that 94% of all Americans believe in it. We have worked tirelessly for nearly 100 years. This movement cannot be stopped. We need the equal rights amendment in the Constitution.”

“Having a strong equality supporter like Mark Herring as our Attorney General has always given us confidence that this issue will come to its obvious and just conclusion: gender equality forever enshrined in our Constitution. We are grateful to the Attorney General and everyone in his office for their support,” said Kati Hornung, VARatifyERA