Pres.Biden: ☎️/✍ Archivist to PUBLISH ERA NOW to save #ReproRights & #LGBTQ Rights!
Pres.Biden: ☎️/✍ Archivist to PUBLISH ERA NOW to save #ReproRights & #LGBTQ Rights!
The Issue
President Biden: Tell the U.S. Archivist to PUBLISH the Equal Rights Amendment (ERA) NOW to save Reproductive Rights & LGBTQ Rights!
President Biden, you have a Constitutional LEGAL DUTY to Publish the ERA now (Article II, Section 3, US CONST), to take care that the laws are faithfully carried out (including 1 USC §106b, Art. V & VI, & the 28th Amendment itself, the unpublished but legally valid ERA).
Further, there is NO legal reason why the Archivist cannot PUBLISH the ERA NOW.
The ERA is FULLY RATIFIED.
The so-called "DEADLINE" is VOID, because it is unconstitutional, per Article V & the 10th Amendment (States’ rights!) since it was not in the actual TEXT of the ERA; thus, it was totally void from the beginning!
As soon as the Archivist publishes the ERA, it is permanent. [See United States v. Stahl, 792 F.2d 1438, 1439 (9th Cir. 1986) ("certification of the adoption of [a constitutional amendment by the statutorily-designated federal official] is conclusive upon the courts") (citing Leser v. Garnett, 258 U.S. 130, 137 (1922))]. The only way to remove it would be to go through the amendment process in Article V, US CONST., just like they had to do to get rid of Prohibition. It came in with an Amendment, and it could only be repealed with a new Amendment.
President Biden has known that he had the AUTHORITY and the DUTY to PUBLISH the ERA since BEFORE the Supreme Court’s Dobbs decision, but he REFUSED to do it — no matter the cost to the lives of women, girls, and LGBTQ people!
To see proof, read my June 17, 2022 letter to the White House Counsel, which was also sent to 2 top attorneys for VP Harris, & 5 other top women in the Biden Administration.
The Equal Rights Amendment, that says "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex," was then (although not published because of President Biden's refusal to call or to sign an Executive Order directing his Executive Branch employee, the U.S. Archivist to obey the law, 1 USC §106b,) and still is the "TEXTUAL BASIS" for women's fundamental right to abortion and the power to make their own reproductive choices (before the fetus is able to live outside the womb), that the Supreme Court said in Dobbs did NOT exist in the Constitution, which is why they overturned Roe v. Wade. SO, ALL CASES FILED TO PROTECT OUR RIGHTS (even under state constitutions) SHOULD ALSO INCLUDE the ERA AS AN ADDITIONAL AND STRONGER LEGAL BASIS, because it requires “strict scrutiny” which wins 74% of the time!
If President Biden follows his Constitutional duty and publishes the ERA, individual states will not need to go through the arduous process to have their own state "mini-ERAs." But, if states without them still want these provisions, they should research the legal process for adding these provisions to their State’s Constitutions and, like Ohio, add them. (They’re helpful in drawing like-minded voters to the polls, to try to elect more Democrats).
However, if President Biden wants ALL states to use the abortion issue to draw people to the polls, he can make clear that AFTER he publishes the ERA, THEN Congress can “CODIFY ROE” & pass THE (#LGBTQ”) EQUALITY ACT, & many other specific laws to enforce gender equality based on Section 2 of the ERA (below), because the ERA is the “textual basis” in the Constitution that the current Supreme Court requires for a law to be Constitutional.
BIDEN OWES THIS TO US NOW, BECAUSE HE ALLOWED THE SUPREME COURT TO OVERTURN ROE! The resulting chaos, fear and risk of death and imprisonment is on him!
He apparently allowed SCOTUS to decimate women’s & LGBTQ Rights to win votes & get campaign funding for the mid-terms.
NOW HE IS USING US AGAIN! But without most people realizing that he is the only person who can stop this nightmare, and continues to lie saying he “has our backs” — he actually said this to #LGBTQ people at the 2023 HRC Dinner!
By REFUSING to do his Constitutional DUTY, President Biden, IN SHORT, IS GIVING COVER & POWER over our most personal choices TO AUTHORITARIANS like DeSantis, Abbott & Trumpists! Google Trump’s 2025 Project! This is fascist authoritarianism, literally.
Right now, Biden is LOSING in the polls to TRUMP 44% to 46%, when among ALL VOTERS 55% support abortion rights with NO RESTRICTIONS! Biden is losing badly among the #YouthVote. If he published the ERA today, he would easily win with >55% of the votes!
SIGN THIS PETITION TO HELP BIDEN AND ALL DEMS WIN at all levels!
GRATITUDE IS STRONGER THAN FEAR!
167 million women and girls are not EQUAL CITIZENS & never have been! If you SUPPORT DEMOCRACY, Mr. President, then put your PEN where your mouth is!
President Biden is RIGHT NOW, by his dereliction of his Constitutional Presidential Duty to “take care that the laws be faithfully executed,” hurting millions of women, girls and their current or future healthcare providers by:
● Allowing women (and healthcare providers) to risk imprisonment for accessing (or providing) reproductive services (which has stopped a huge swath of reproductive services and healthcare & raised the mortality rate for pregnant women by 30%).
● Allowing women’s freedom to travel out of state with the intent to access reproductive services to be made illegal
● Allowing women who have miscarriages to get close to death with (or to die from) sepsis before their doctors can provide them with a D & C (to remove remaining fetal tissue);
● Hindering women from using in vitro fertilization to have children, because often there are too many fertilized eggs formed and some must be removed to protect the lives of the mother and the healthier remaining fetuses;
● Allowing states to make laws forcing women and girls to prove they were raped (including victims of incest) in time to get an abortion;
● Allowing states to make laws making birth control illegal again, as it was 57 years ago!
● Allowing states to make laws requiring the government (& government entities like schools and various social services agencies) to keep track of girls' menstrual cycles
● And will be even allowing the state and federal governments to make benefits such as food stamps, financial assistance, housing assistance, medicaid, contingent on women and girls complying with such intrusive requirements!
President Biden, do NOT TELL WOMEN & LGBTQ people that you want us to have more rights not fewer when YOU & your Administration have ACTIVELY FOUGHT AGAINST PUBLISHING THE ERA FOR 2 years in two federal court cases, taking the SAME POSITION AS THE TRUMP ADMINISTRATION!
You say you support the rights of women and LGBTQ people, but your Anti-Rights ACTIONS of refusing to publish the ERA — just to garner votes and gather campaign money — SPEAK LOUDER THAN ANY WORDS!!
You also punted to Congress when Congress’ job is DONE! The ONLY action that is needed is for your Executive Branch employee, the U.S. Archivist to FOLLOW the LAW (1 USC §106b) & PUBLISH THE ERA as the 28th Amendment “forthwith” NOW. You must tell her to do it immediately!
Congress misled and CONFUSED the public with their completely unnecessary 4/27/23 vote on SJ 4. The SJ 4 Resolution did NOT try to remove the deadline. It stated the ERA already is ratified DESPITE the void deadline — but the TITLE of SJ 4 was MISLEADING because it said it’s purpose was “removing the deadline.” You must clean this up!
EVERY PRO-CHOICE & DEMOCRACY-LOVING AMERICAN should DEMAND Pres Biden direct the U.S. Archivist to PUBLISH THE ERA IN THE CONSTITUTION AS THE 28th AMENDMENT immediately to put courts and the federal and state legislatures on official NOTICE that they can NO LONGER DISCRIMINATE BASED ON SEX!
It is the only way to protect all Reproductive Rights (including contraception!) and many LGBT+ rights, including marriage and gay intimate relationships.
President Biden wrote on January 20, 2023, “I will continue to use my Executive authority to protect women and families from harm in the wake of the Dobbs decision.”
It is HYPOCRITICAL for President Biden to claim he supports women’s rights to their reproductive health yet NOT do the ONE THING that could fix this “Handmaids Hell” in our whole country – just publish the ERA!
If you doubt the horrendous consequences of President Biden's failure to publish the ERA, read the Complaint to the United Nations by multiple organizations, detailing the devastating effects of Dobbs on our country!
The ERA PROTECTS:
● ALL Reproductive Rights
● A Fundamental Right to Abortion (before the fetus is viable) that Dobbs said wasn’t supported by the Constitution
● LGBTQ rights to marriage & to intimate relationships and rights equal to those that straight people have
● Equal Pay for equal work
● AGAINST gender bias in the courts, housing, jobs, schools, etc. because it makes Courts require governments to have a very strong purpose for their law or action & to prove that their law or action is the least restrictive way to achieve that goal. [This "strict scrutiny" legal test results in most laws and actions being struck down by all courts].
President Biden:
If you want our VOTES, if you want our MONEY, if you want us FIGHTING for you, then PUBLISH THE ERA NOW!
Stop using our demise — this HANDMAIDS HELL — to fearmonger and spread disinformation!!
Stand up for us NOW!
Tomorrow will be too late!
WE WILL NOT BE QUIET ANY LONGER! Do your JOB! Enforce the LAWS that require the ERA TO BE PUBLISHED IMMEDIATELY! [1 USC §106b, Article V, VI, and the ERA - which became the 28th Amendment the day it was ratified on 1/27/2020].
The Equal Rights Amendment was first introduced in Congress 100 years ago. It states:
"SECTION 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
"SEC. 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
"SEC. 3. This amendment shall take effect two years after the date of ratification."
[Section 3 was a compromise to give governments time to fix their discriminatory laws before we could file lawsuits against them. The ERA became LEGALLY effective on January 27, 2022 (4 months before the Supreme Court’s Dobbs opinion!)].
The ERA will make 167 million women and girls EQUAL CITIZENS for the first time in our country’s 247 year history!
One would think President Biden would be excited about signing an Executive Order directing the Archivist to publish the ERA! He can do it, just like President Lincoln did with his executive order to free all enslaved people in our country, called the "Emancipation Proclamation." We need an Equality Proclamation NOW!
This will be President Biden’s most HISTORIC ACT!
If we don't get President Biden to publish the ERA THIS YEAR, IT MIGHT NEVER HAPPEN.
PLEASE SIGN ✍ & SHARE THIS PETITION WIDELY ON ALL YOUR SOCIAL MEDIA USING THIS LINK: https://www.change.org/BidenPublishERA
Read more…
See https://ArlaineRockey.com/equal-rights-for-women
DO MORE...
1) Protest everywhere demanding Biden publish the ERA
2) Text the President Daily with that demand at 302-404-0880.
3) Follow and share social media from:
EqualMeansEqual.org (also DONATE to them at the link at the top of each page)
TikTok
ArlaineRockey at Twitter Instagram & Facebook
4) Instead of just trashing campaign donation envelopes, print & keep handy these Alice Paul ERA Dollars & return one in the envelopes with a message!
In solidarity,
Thank you!
705
The Issue
President Biden: Tell the U.S. Archivist to PUBLISH the Equal Rights Amendment (ERA) NOW to save Reproductive Rights & LGBTQ Rights!
President Biden, you have a Constitutional LEGAL DUTY to Publish the ERA now (Article II, Section 3, US CONST), to take care that the laws are faithfully carried out (including 1 USC §106b, Art. V & VI, & the 28th Amendment itself, the unpublished but legally valid ERA).
Further, there is NO legal reason why the Archivist cannot PUBLISH the ERA NOW.
The ERA is FULLY RATIFIED.
The so-called "DEADLINE" is VOID, because it is unconstitutional, per Article V & the 10th Amendment (States’ rights!) since it was not in the actual TEXT of the ERA; thus, it was totally void from the beginning!
As soon as the Archivist publishes the ERA, it is permanent. [See United States v. Stahl, 792 F.2d 1438, 1439 (9th Cir. 1986) ("certification of the adoption of [a constitutional amendment by the statutorily-designated federal official] is conclusive upon the courts") (citing Leser v. Garnett, 258 U.S. 130, 137 (1922))]. The only way to remove it would be to go through the amendment process in Article V, US CONST., just like they had to do to get rid of Prohibition. It came in with an Amendment, and it could only be repealed with a new Amendment.
President Biden has known that he had the AUTHORITY and the DUTY to PUBLISH the ERA since BEFORE the Supreme Court’s Dobbs decision, but he REFUSED to do it — no matter the cost to the lives of women, girls, and LGBTQ people!
To see proof, read my June 17, 2022 letter to the White House Counsel, which was also sent to 2 top attorneys for VP Harris, & 5 other top women in the Biden Administration.
The Equal Rights Amendment, that says "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex," was then (although not published because of President Biden's refusal to call or to sign an Executive Order directing his Executive Branch employee, the U.S. Archivist to obey the law, 1 USC §106b,) and still is the "TEXTUAL BASIS" for women's fundamental right to abortion and the power to make their own reproductive choices (before the fetus is able to live outside the womb), that the Supreme Court said in Dobbs did NOT exist in the Constitution, which is why they overturned Roe v. Wade. SO, ALL CASES FILED TO PROTECT OUR RIGHTS (even under state constitutions) SHOULD ALSO INCLUDE the ERA AS AN ADDITIONAL AND STRONGER LEGAL BASIS, because it requires “strict scrutiny” which wins 74% of the time!
If President Biden follows his Constitutional duty and publishes the ERA, individual states will not need to go through the arduous process to have their own state "mini-ERAs." But, if states without them still want these provisions, they should research the legal process for adding these provisions to their State’s Constitutions and, like Ohio, add them. (They’re helpful in drawing like-minded voters to the polls, to try to elect more Democrats).
However, if President Biden wants ALL states to use the abortion issue to draw people to the polls, he can make clear that AFTER he publishes the ERA, THEN Congress can “CODIFY ROE” & pass THE (#LGBTQ”) EQUALITY ACT, & many other specific laws to enforce gender equality based on Section 2 of the ERA (below), because the ERA is the “textual basis” in the Constitution that the current Supreme Court requires for a law to be Constitutional.
BIDEN OWES THIS TO US NOW, BECAUSE HE ALLOWED THE SUPREME COURT TO OVERTURN ROE! The resulting chaos, fear and risk of death and imprisonment is on him!
He apparently allowed SCOTUS to decimate women’s & LGBTQ Rights to win votes & get campaign funding for the mid-terms.
NOW HE IS USING US AGAIN! But without most people realizing that he is the only person who can stop this nightmare, and continues to lie saying he “has our backs” — he actually said this to #LGBTQ people at the 2023 HRC Dinner!
By REFUSING to do his Constitutional DUTY, President Biden, IN SHORT, IS GIVING COVER & POWER over our most personal choices TO AUTHORITARIANS like DeSantis, Abbott & Trumpists! Google Trump’s 2025 Project! This is fascist authoritarianism, literally.
Right now, Biden is LOSING in the polls to TRUMP 44% to 46%, when among ALL VOTERS 55% support abortion rights with NO RESTRICTIONS! Biden is losing badly among the #YouthVote. If he published the ERA today, he would easily win with >55% of the votes!
SIGN THIS PETITION TO HELP BIDEN AND ALL DEMS WIN at all levels!
GRATITUDE IS STRONGER THAN FEAR!
167 million women and girls are not EQUAL CITIZENS & never have been! If you SUPPORT DEMOCRACY, Mr. President, then put your PEN where your mouth is!
President Biden is RIGHT NOW, by his dereliction of his Constitutional Presidential Duty to “take care that the laws be faithfully executed,” hurting millions of women, girls and their current or future healthcare providers by:
● Allowing women (and healthcare providers) to risk imprisonment for accessing (or providing) reproductive services (which has stopped a huge swath of reproductive services and healthcare & raised the mortality rate for pregnant women by 30%).
● Allowing women’s freedom to travel out of state with the intent to access reproductive services to be made illegal
● Allowing women who have miscarriages to get close to death with (or to die from) sepsis before their doctors can provide them with a D & C (to remove remaining fetal tissue);
● Hindering women from using in vitro fertilization to have children, because often there are too many fertilized eggs formed and some must be removed to protect the lives of the mother and the healthier remaining fetuses;
● Allowing states to make laws forcing women and girls to prove they were raped (including victims of incest) in time to get an abortion;
● Allowing states to make laws making birth control illegal again, as it was 57 years ago!
● Allowing states to make laws requiring the government (& government entities like schools and various social services agencies) to keep track of girls' menstrual cycles
● And will be even allowing the state and federal governments to make benefits such as food stamps, financial assistance, housing assistance, medicaid, contingent on women and girls complying with such intrusive requirements!
President Biden, do NOT TELL WOMEN & LGBTQ people that you want us to have more rights not fewer when YOU & your Administration have ACTIVELY FOUGHT AGAINST PUBLISHING THE ERA FOR 2 years in two federal court cases, taking the SAME POSITION AS THE TRUMP ADMINISTRATION!
You say you support the rights of women and LGBTQ people, but your Anti-Rights ACTIONS of refusing to publish the ERA — just to garner votes and gather campaign money — SPEAK LOUDER THAN ANY WORDS!!
You also punted to Congress when Congress’ job is DONE! The ONLY action that is needed is for your Executive Branch employee, the U.S. Archivist to FOLLOW the LAW (1 USC §106b) & PUBLISH THE ERA as the 28th Amendment “forthwith” NOW. You must tell her to do it immediately!
Congress misled and CONFUSED the public with their completely unnecessary 4/27/23 vote on SJ 4. The SJ 4 Resolution did NOT try to remove the deadline. It stated the ERA already is ratified DESPITE the void deadline — but the TITLE of SJ 4 was MISLEADING because it said it’s purpose was “removing the deadline.” You must clean this up!
EVERY PRO-CHOICE & DEMOCRACY-LOVING AMERICAN should DEMAND Pres Biden direct the U.S. Archivist to PUBLISH THE ERA IN THE CONSTITUTION AS THE 28th AMENDMENT immediately to put courts and the federal and state legislatures on official NOTICE that they can NO LONGER DISCRIMINATE BASED ON SEX!
It is the only way to protect all Reproductive Rights (including contraception!) and many LGBT+ rights, including marriage and gay intimate relationships.
President Biden wrote on January 20, 2023, “I will continue to use my Executive authority to protect women and families from harm in the wake of the Dobbs decision.”
It is HYPOCRITICAL for President Biden to claim he supports women’s rights to their reproductive health yet NOT do the ONE THING that could fix this “Handmaids Hell” in our whole country – just publish the ERA!
If you doubt the horrendous consequences of President Biden's failure to publish the ERA, read the Complaint to the United Nations by multiple organizations, detailing the devastating effects of Dobbs on our country!
The ERA PROTECTS:
● ALL Reproductive Rights
● A Fundamental Right to Abortion (before the fetus is viable) that Dobbs said wasn’t supported by the Constitution
● LGBTQ rights to marriage & to intimate relationships and rights equal to those that straight people have
● Equal Pay for equal work
● AGAINST gender bias in the courts, housing, jobs, schools, etc. because it makes Courts require governments to have a very strong purpose for their law or action & to prove that their law or action is the least restrictive way to achieve that goal. [This "strict scrutiny" legal test results in most laws and actions being struck down by all courts].
President Biden:
If you want our VOTES, if you want our MONEY, if you want us FIGHTING for you, then PUBLISH THE ERA NOW!
Stop using our demise — this HANDMAIDS HELL — to fearmonger and spread disinformation!!
Stand up for us NOW!
Tomorrow will be too late!
WE WILL NOT BE QUIET ANY LONGER! Do your JOB! Enforce the LAWS that require the ERA TO BE PUBLISHED IMMEDIATELY! [1 USC §106b, Article V, VI, and the ERA - which became the 28th Amendment the day it was ratified on 1/27/2020].
The Equal Rights Amendment was first introduced in Congress 100 years ago. It states:
"SECTION 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.
"SEC. 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.
"SEC. 3. This amendment shall take effect two years after the date of ratification."
[Section 3 was a compromise to give governments time to fix their discriminatory laws before we could file lawsuits against them. The ERA became LEGALLY effective on January 27, 2022 (4 months before the Supreme Court’s Dobbs opinion!)].
The ERA will make 167 million women and girls EQUAL CITIZENS for the first time in our country’s 247 year history!
One would think President Biden would be excited about signing an Executive Order directing the Archivist to publish the ERA! He can do it, just like President Lincoln did with his executive order to free all enslaved people in our country, called the "Emancipation Proclamation." We need an Equality Proclamation NOW!
This will be President Biden’s most HISTORIC ACT!
If we don't get President Biden to publish the ERA THIS YEAR, IT MIGHT NEVER HAPPEN.
PLEASE SIGN ✍ & SHARE THIS PETITION WIDELY ON ALL YOUR SOCIAL MEDIA USING THIS LINK: https://www.change.org/BidenPublishERA
Read more…
See https://ArlaineRockey.com/equal-rights-for-women
DO MORE...
1) Protest everywhere demanding Biden publish the ERA
2) Text the President Daily with that demand at 302-404-0880.
3) Follow and share social media from:
EqualMeansEqual.org (also DONATE to them at the link at the top of each page)
TikTok
ArlaineRockey at Twitter Instagram & Facebook
4) Instead of just trashing campaign donation envelopes, print & keep handy these Alice Paul ERA Dollars & return one in the envelopes with a message!
In solidarity,
Thank you!
705
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Petition created on April 30, 2023