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Virginia Office of Attorney General

05/03/2021 | Press release | Distributed by Public on 05/03/2021 11:23

May 3, 2021 - Herring Continues Fight to Have ERA Recognized as Part of the Constitution

Commonwealth of Virginia
Office of the Attorney General

Mark Herring
Attorney General

202 North Ninth Street
Richmond, Virginia 23219

For media inquiries only, contact:
Charlotte Gomer, Director of Communication
Phone: (804)786-1022
Mobile: (804) 512-2552
Email:This email address is being protected from spambots. You need JavaScript enabled to view it.

~ Herring is appealing lower court ruling that granted a request filed by the Trump Department of Justice and Republican AGs to dismiss his landmark civil rights lawsuit to have the ERA recognized as the 28th Amendment ~

RICHMOND (May 3, 2021)- Attorney General Mark R. Herring is appealing a lower court ruling that granted a request filed by the Trump Department of Justice and Republican attorneys general to dismiss his landmark civil rights lawsuit to have the Equal Rights Amendment recognized as the 28th Amendment to the U.S. Constitution. Attorney General Herring joins Illinois Attorney General Kwame Raoul and Nevada Attorney General Aaron Ford in filing a notice of appeal today in their ongoing fight to have the Equal Rights Amendment rightfully added to the Constitution.

'The United States cannot continue forcing women to wait to be recognized as equal under this country's founding document,' said Attorney General Herring. 'Throughout the years, efforts to have the Equal Rights Amendment added to the Constitution have been met with many impediments, but every single time this movement has overcome those hurdles and come out the other side stronger than ever. To those who have sent a clear message that they do not believe in women's equality - it's time that you move into the 21st century.

'I will continue this fight for as long as it takes to finally have the Equal Rights Amendment recognized as the 28th amendment and added to the Constitution. It has been a privilege to take up this mantle and stand alongside those who have dedicated their lives to ensuring women's equality in this country and I won't let up until we are successful.'

On January 30, 2020, Attorney General Herring sued to ensure that the Equal Rights Amendment was recognized as the 28th Amendment to the U.S. Constitution, following Virginia's ratification of the ERA. In May of last year, In May, the Trump Administration filed a motion to dismiss Attorney General Herring's lawsuit, seeking to block gender equality from being added to the Constitution. In June, Attorney General Herring filed a brief opposing the Trump Administration's motion to dismiss his lawsuit. Also last year, Attorney General Herring moved for summary judgment in his landmark civil rights lawsuit, as well as filed a brief opposing the intervening states' (Alabama, Louisiana, Nebraska, South Dakota, and Tennessee) motion for summary judgment.

Additionally, in March, the U.S. House of Representatives voted to lift the arbitrary deadline on the Equal Rights Amendment.

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