Nevada and Illinois are appealing a U.S. District Court’s dismissal of their suit against the U.S. archivist, who the states are suing for refusing to publish and certify their ratification of the Equal Rights Amendment.
The states are seeking to have the ERA published as part of the Constitution, but their call comes decades past Congress’ 1979 deadline for ratification of the amendment — which was passed in 1972 and is intended to guarantee equal legal rights for all American citizens regardless of sex. The attorneys general for the states contend that the amendment has been fully ratified, as three-quarters of U.S. states have now voted to make it the 28th Amendment. But the U.S. archivist has declined to certify the amendment after finding the congressional deadline to be valid.
The plaintiffs on Wednesday morning appealed the March 2021 dismissal of their suit, which had included Virginia before the state dropped out of the litigation, at the U.S. Court of Appeals. The states argued that the publication of the law would have “meaningful practical