The Equal Rights Amendment (ERA) is the duly ratified 28th Constitutional Amendment that guarantees equal rights to all people regardless of sex. The ERA not only guarantees equality for all, but it also protects reproductive rights, bodily autonomy, contraception, same-sex marriage, interracial marriage and so much more. As we have seen in recent years, from the Dobbs decision that overturned Roe v. Wade and removed the federal constitutional right to an abortion, to the barring of new transgender military members, the rights of individuals based on their sex are not yet protected in our democracy. The ERA would protect women, girls, and LGBTQIA+ Americans. Generations of people dedicated to gender justice have worked tirelessly to advance and ratify the ERA, now it just needs to be published.

The requirements of Article V of the Constitution for ratification dictate that a proposed amendment must pass each congressional chamber by two-thirds and be approved by three-fourths of states, at which point it becomes a valid part of the Constitution for all intents and purposes. The ERA has satisfied both of these requirements. In 1972, the ERA passed both chambers of Congress with more than the necessary two-thirds support. In 2020, Virginia became the 38th state to ratify the amendment, meeting the required number of states for ratification. Under the first Trump Administration, former Attorney General Bill Barr issued a problematic advisory opinion that the ERA could not be published due to an irrelevant timeline not applicable to the ERA. The Trump Administration and, up to now, the Biden Administration, have failed to publish and certify the ERA.

It is quite simple. Once an amendment is ratified, the National Archivist certifies it. President Biden has the authority and responsibility to instruct the National Archivist to publish and certify the ERA. We need Biden to take action and install this critical protection for women, girls, and LGBTQIA+ Americans ahead of Trump’s second administration. But President Biden will only take action if there is a massive grassroots movement pushing him to do the right thing. In the remaining weeks of his presidency, we need to make our demand loud and clear.

Trump’s first administration blocked the publication of the ERA as part of a larger campaign against the rights of women, girls, and LGBTQIA+ persons, including prohibitions on IVF healthcare and contraception; eliminating no-fault divorces or prohibiting divorce while the mother is pregnant; eliminating diversity, equity and inclusion programs; and so much more. Earlier this year, Project 2025 was published outlining the second Trump Administration’s agenda. It is clear that his administration will launch attack after attack on the rights of women and the LGBTQ+ community, from removing protections against sex discrimination to dangerous restrictions in healthcare. If the ERA is not published by President Biden, Trump will have almost nothing in his way in implementing his extreme and deadly agenda.