In a defining moment for gender equality and constitutional rights, President Joe Biden announced that the Equal Rights Amendment (ERA) is ratified, marking a pivotal step in enshrining equal protections into the Constitution. As his presidency draws to a close, this declaration has sparked a flurry of legal debates, reflecting both the triumphs and complexities of constitutional law and gender equity.
The ERA: A Historical Overview
The Equal Rights Amendment, passed by Congress in 1972, sought to ensure equal rights under the law regardless of sex. Despite initial momentum, it stagnated for decades, falling short of the necessary state ratifications. Virginia’s 2020 ratification became a historic milestone, making it the 38th state to support the ERA—meeting the three-quarters requirement. However, controversies surrounding ratification deadlines and state rescissions have clouded its legal standing.
Biden’s Declaration: A Controversial Stance
On Friday, Biden stated his belief that the ERA is the 28th Amendment, affirming its ratification by three-fourths of the states. “The 28th Amendment is the law of the land,” he asserted, emphasizing the importance of codifying equal rights for all Americans.
However, legal experts are divided on this interpretation. The Department of Justice and National Archives previously cited expired deadlines and rescinded ratifications as barriers to formal certification. Biden’s position leans on opinions from the American Bar Association, which argues that deadlines were not included in the ERA’s text and rescissions are legally invalid.
Legal Implications and Challenges
Biden’s declaration places the spotlight on the role of the Archivist of the United States, who is tasked with certifying constitutional amendments. While the president asserts the ERA’s ratification, the archivist’s December 2023 statement deemed certification procedurally impossible without judicial intervention.
This impasse underscores a broader legal debate:
- Proponents argue that Congress has the authority to extend or ignore ratification deadlines, and rescissions are legally inadmissible.
- Critics maintain that procedural deadlines and legal precedents invalidate the ERA’s certification.
The Equal Rights Amendment’s Impact
If recognized, the ERA would hold profound implications:
- Strengthened Reproductive Rights: Legal challenges to abortion restrictions could invoke the ERA to secure protections under constitutional equality.
- Workplace Equality: The ERA could bolster cases against gender-based pay disparities and workplace discrimination.
- Expanding Gender Rights: It would reinforce protections for LGBTQ+ individuals, aligning with the ERA’s inclusive vision of equality.
Biden’s Legacy and Final Executive Actions
As President Biden concludes his term, the ERA declaration joins a series of impactful moves:
- Clemency for nonviolent offenders and environmental protections.
- Actions on student loan relief, temporary protected status extensions, and semiconductor grants.
While these initiatives reinforce his legacy, the ERA declaration is a bold move that risks contentious legal battles. Senator Kirsten Gillibrand praised Biden’s decision, calling it a pathway to codify equality without requiring congressional approval—a nod to the 2024 overturning of Roe v. Wade.
Critics and Supporters React
Supporters laud Biden for championing gender equality. “This is a monumental moment for civil rights,” noted Gillibrand, citing the urgency to uphold constitutional protections. Critics, however, question the timing and legality of the declaration, labeling it a symbolic gesture rather than actionable change.
Conclusion: A Step Forward Amid Uncertainty
Biden’s assertion that the Equal Rights Amendment is the 28th Amendment reflects a commitment to gender equity and constitutional justice. While it ignites hope for a more inclusive future, its legal journey remains fraught with challenges. As courts weigh in, this landmark moment underscores the enduring struggle for equality under the law.
