In a bold move during his final days in office, President Joe Biden reignited the debate surrounding the Equal Rights Amendment (ERA), declaring it as the 28th Amendment to the U.S. Constitution. This proclamation, while largely symbolic, has brought renewed attention to a long-standing issue of gender equality in the United States. Below, we explore the ERA’s history, its current legal status, and the implications of Biden’s statement.
What Is the Equal Rights Amendment?
The Equal Rights Amendment was first introduced to Congress in 1923, aiming to guarantee equal rights under the law regardless of sex. However, it was not until 1972 that Congress passed the Equal Rights Amendment, requiring ratification by three-fourths (38) of U.S. state legislatures.
The ERA’s core text reads:
“Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.”
This amendment was designed to address systemic inequalities, including wage gaps, discrimination, and unequal representation.
The Legal Hurdle: Ratification Deadline
Despite early momentum, the ERA faced significant opposition, and its 1982 ratification deadline passed with only 35 states in agreement. The movement was effectively stalled until Virginia became the 38th state to ratify the Equal Rights Amendment in 2020. This milestone seemingly fulfilled the constitutional requirement, but the expired deadline remains a critical legal obstacle.
Biden’s Declaration: Symbolic Yet Significant
President Biden’s assertion that the Equal Rights Amendment is now “the law of the land” does not carry formal legal authority. His statement underscores the importance of the ERA’s principles while urging Congress and the courts to resolve the deadlock.
The National Archivist, who is responsible for certifying constitutional amendments, has previously declined to certify the ERA due to the expired deadline. This decision has sparked debates about the archivist’s role and whether the deadline is legally binding.
Legal and Legislative Pathways
The ERA’s fate now lies in the hands of Congress and the judiciary. Advocates argue that Congress has the power to remove the ratification deadline retroactively, as it is not explicitly mentioned in the Constitution. Others believe that the courts must rule on whether the deadline invalidates Virginia’s ratification.
The issue has already seen litigation. In 2020, a federal district court ruled that the deadline was binding, but appeals are ongoing. Legal experts predict that the matter could eventually reach the Supreme Court, where it would set a significant precedent for constitutional law.
Implications for Gender Equality
Certifying the Equal Rights Amendment would have far-reaching implications. It would provide a robust legal foundation to challenge discriminatory practices, from workplace policies to reproductive rights.
However, critics argue that existing laws, such as the Civil Rights Act and the Equal Pay Act, already address many issues the ERA seeks to rectify. They caution against potential unintended consequences, including challenges to gender-specific programs.
Renewed Momentum and Public Support
Biden’s proclamation has reignited public discourse and advocacy efforts. Polls indicate strong bipartisan support for the Equal Rights Amendment, with many Americans viewing it as a necessary step toward achieving full gender equality.
Organizations such as the ERA Coalition are leveraging this momentum to lobby Congress and engage the public. Social media campaigns and grassroots initiatives are amplifying the call for action, urging lawmakers to prioritize the amendment.
Conclusion: The Road Ahead
While President Biden’s declaration has no immediate legal effect, it has undoubtedly renewed focus on the Equal Rights Amendment. Resolving the legal and procedural challenges surrounding its ratification could mark a historic milestone in the fight for gender equality. The ERA’s ultimate inclusion in the Constitution depends on the collective efforts of lawmakers, advocates, and the judicial system.
As the nation grapples with this pivotal issue, one thing remains clear: the conversation about equal rights is far from over. The ERA represents not just a legal battle but a societal commitment to ensuring fairness and equity for all.
