Equal Rights Amendment: President Biden Declares It Law Amid Ongoing Debate

The Equal Rights Amendment (ERA), which has been a century in the making, remains a hotbed of legal and political contention. President Joe Biden’s declaration on January 17, 2025, that the ERA is now the 28th Amendment to the Constitution has reignited debates about gender equality and the legal hurdles facing the amendment.

What Is the Equal Rights Amendment?

Originally introduced in 1923 by suffragist Alice Paul, the ERA is a proposed constitutional amendment designed to ensure equal legal rights for all citizens, regardless of sex. Its simple but powerful language 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.”

The ERA’s Rocky Path to Ratification

Congress passed the ERA in 1972, setting a seven-year deadline for ratification by 38 states, later extending the deadline to 1982. However, by that time, only 35 states had ratified the amendment, leaving it short of the required threshold.

In recent years, renewed efforts have brought the total to 38 ratifications, with Nevada, Illinois, and Virginia joining the list between 2017 and 2020. Despite this, the expired deadline has left the ERA in legal limbo, with questions about its validity unresolved.

Biden’s Symbolic Declaration

In his statement, President Biden affirmed his belief in the ERA’s adoption, calling it “long overdue.” However, the President lacks the authority to amend the Constitution unilaterally. The National Archives, the agency responsible for certifying constitutional amendments, has indicated that further congressional or judicial action is necessary due to the expired ratification deadline.

Legal and Political Challenges

The expired deadline is not the only issue. Some states that initially ratified the ERA have attempted to rescind their approval, further complicating the matter. Efforts to extend or remove the deadline have stalled in Congress, and previous legal opinions from the Department of Justice maintain that the deadline is binding.

What’s Next for the ERA?

Supporters of the ERA argue that the deadline should not prevent the amendment’s inclusion in the Constitution. They see the ratification by 38 states as a clear mandate for gender equality. Opponents, however, insist that legal and procedural hurdles must be addressed first.

The fate of the ERA now depends on congressional action, judicial rulings, or a combination of both. Advocates continue to push for a resolution, emphasizing the importance of enshrining gender equality in the nation’s foundational document.

Have Your Say

What do you think about the ERA’s path to becoming part of the Constitution? Should the expired deadline be disregarded, or must the legal process be followed to the letter? Share your thoughts with Sheboygan Reports, and let’s keep the conversation alive.

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