In a historic move, President Joe Biden has declared the Equal Rights Amendment (ERA) as law, reigniting debates over its legal standing and future implementation. The announcement marks a pivotal moment in the long and contentious journey of the ERA, a proposed amendment to the U.S. Constitution designed to guarantee equal legal rights for all Americans regardless of sex.
The Equal Rights Amendment, first introduced in Congress nearly a century ago, states:
"Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex."
While Congress approved the ERA in 1972, the amendment faced hurdles in securing the required ratification by three-fourths of state legislatures within the imposed deadline. Despite the initial deadline lapsing, recent years have seen renewed activism, with additional states ratifying the ERA. Nevada, Illinois, and Virginia became the 36th, 37th, and 38th states to ratify the amendment between 2017 and 2020.
The President’s Move
President Biden’s declaration aligns with growing demands for gender equality and has been welcomed by many advocacy groups. “Equality under the law is not a privilege; it is a fundamental right,” Biden remarked. However, he acknowledged the complexities surrounding the ERA's legal status due to its lapsed deadline.
Uncertain Legal Path
Despite Biden’s declaration, legal experts and opponents argue the ERA’s validity is far from settled. The U.S. Department of Justice under previous administrations maintained that the ratification deadline rendered the ERA moot. Meanwhile, ongoing lawsuits from both supporters and opponents of the ERA aim to resolve the amendment's status, creating a complex legal landscape.
Congressional action may hold the key to the ERA’s future. Some lawmakers are pushing for resolutions to remove the ratification deadline retroactively, while others remain divided on whether further state ratifications are needed.
Public Reactions
Public response to Biden’s announcement has been polarized. Advocates for gender equality view it as a long-overdue step, while critics question the legal framework and procedural integrity of the move. Feminist groups, legal scholars, and political figures have urged swift action to ensure the ERA’s full integration into constitutional law.
Looking Ahead
As the Biden administration takes steps to advance the ERA, questions remain about how its implementation will unfold and whether it will face further judicial or legislative hurdles. For now, the declaration represents a significant victory for the ERA’s proponents, but the battle for clarity and enforceability continues.
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