Amicus Brief

Virginia v Ferriero

Equal Means ERA has joined several organizations and corporate entities across the country by fling amicus briefs in support of the Attorneys General of Nevada, Illinois and Virginia who are suing the National Archivist for not recognizing Virginia's ratification.  

As a “friend of the court,” we can express our support.  

The Archivist's job regarding amendments is to make sure each state follows the necessary procedures for ratification, and if successful, publish the result in the Federal Register. Mr. Ferriero did that with Nevada and Illinois. When Virginia ratified, he knew the 38-state threshold would be met to complete the state requirement for an amendment to become law, so rather than certify, he asked the Justice Department for an opinion. They replied that it should not be published.

Problem is, the Justice Department has no authority to give such a ruling. Article V of the Constitution is very specific about how the amendment process works, giving the legislative branch — Congress — all the power.  The executive branch has no role in making an amendment into law.

The press release and details for Equal Means ERA brief are below as well as press coverage on some of the filings. A complete and up-to-date list of all filings can be found at Vote Equality US, an organization that was created by the Ratify VA group after their success in Virginia. They provide excellent insight and analysis as well.

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Commonweath of Virginia v Ferriero

​Our Counsel's Press Release  06.29.20

Equal Means ERA Amicus Brief  06.29.20

Press Coverage:

Florida Phoenix article on Equal Means ERA Brief  06.30.20

Why Apple, Google and 91 other companies support the ERA  06.30.20 


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