Virginia Can't Undo Equal Rights Amendment Approval, Outgoing AG Says

By Graham Moomaw, Virginia Mercury

Departing Attorney General Mark Herring says Virginia can’t undo its 2020 ratification of the federal Equal Rights Amendment, the stalled gender-equality measure that inspired a major activist push at the statehouse.

It’s unclear how eager Republicans might be to reverse the Virginia General Assembly’s vote, because the amendment still hasn’t been recognized at the federal level.

Women’s rights advocates had argued Virginia’s vote would be the final step needed to give the amendment approval from 38 states, but federal authorities concluded a 1979 deadline to ratify the measure was legally binding. That rendered Virginia’s action moot, at least for now.

Herring recently filed a new court brief seeking to overturn that outcome, but Republican victories in last year’s elections has created uncertainty over Virginia’s pro-ERA stance.

With a week left in office, Herring sought to provide clarity in an offiical opinion issued this week at the request of Sen. Mamie Locke, D-Hampton. He concluded states have no authority to rescind ratification of a constutional amendment.

“This conclusion is supported by Virginia law, which speaks only to ratifications, and does not confer any method by which to rescind them,” Herring wrote.

Republican Attorney General-elect Jason Miyares voted against ERA ratification in 2020 as a member of the House of Delegates.

Supporters of the ERA argued it was a long-overdue step to enshrine women’s equality in the U.S. Constitution. Opponents, including anti-abortion groups, argued it was unnecessary and could have unintended consequences.

Some Virginia Republicans voted with Democrats to ratify the ERA, while acknowledging the action might be purely symbolic.

This story was originally published by the Virginia Mercury. For more stories from the Virginia Mercury, visit Virginia Mercury.com.