By Tyler Arnold | The Center Square

Three Democratic attorneys general have filed a lawsuit to compel the National Archives to put the Equal Rights Amendment in the U.S. Constitution after Virginia became the 38th state to ratify it.

Although the amendment only requires 38 state ratifications, Virginia’s ratification was nearly four decades after the deadline. Two other states, Illinois and Nevada, also passed their ratification after the deadline. These are the three states that filed the joint lawsuit.

The amendment creates a Constitutional right to equality under the law, regardless of sex.

“I am so proud that Virginia was the 38th and final state needed to ratify the ERA, finally pushing us over the edge and enshrining gender equality in our nation’s founding document,” Virginia Attorney General Mark Herring said in a news release.

“For nearly 150 years, the Constitution did not acknowledge the existence of women,” Herring said. “Now, 231 years since our country was founded and on the centennial anniversary of the 19th Amendment, the American people have shown that they are as committed as ever to true equality by adopting the Equal Rights Amendment. For too long, women have not been afforded the same protections as men under the Constitution. Our history is full of strong, amazing women, who faced countless barriers in order to accomplish their dreams and goals. Without their perseverance and tireless hard work we would not be in the position we are today.”

The National Archives, which is tasked with certifying the amendments in the Constitution, refused to add this amendment in the Constitution after the Justice Department’s legal opinion that the ratification was not valid because it was after the deadline assigned by Congress.

The National Archives declined to comment because it is unable to comment on pending litigation. Herring’s office did not respond to a request for comment.

The lawsuit, which was filed Thursday, argues that Article V of the Constitution guarantees an amendment will become part of the Constitution when three-fourths of the state agree to it, but that it does not grant the authority to create a deadline.

Since the deadline, five states have rescinded their ratification. Legal questions also surround whether a state can rescind a ratification.

Several Democratic lawmakers, including Gov. Ralph Northam, have announced their support for this effort.

“Women deserve equal rights under the law, period,” Northam said in a statement. “I’m proud that Virginia was the 38th state to ratify the Equal Rights Amendment, and I’m grateful to Attorney General Mark Herring and all who are fighting to ensure true gender equality in the U.S Constitution.”

Most Republicans opposed the amendment. Many of the opponents criticized the amendment because they said it could be used to defend abortion rights or could jeopardize affirmative action programs that benefit women.