Biden Declares the Equal Rights Amendment Ratified
President Joe Biden has declared that the Equal Rights Amendment (ERA) is officially ratified, marking it as the 28th Amendment to the U.S. Constitution. This bold announcement aims to solidify gender equality in America, even as the move faces potential legal challenges. As Biden’s time in office comes to a close, his decision revives a decades-long fight for equality that has been dormant for years.
What Is the 28th Amendment?
The Equal Rights Amendment (view in web story), now widely referred to as the 28th Amendment, was first introduced in 1923 and passed by Congress in 1972. Its goal is straightforward: to guarantee equal rights for all Americans regardless of gender. However, for constitutional amendments, the law requires ratification by at least 38 states.
Virginia’s ratification of the ERA in 2020 fulfilled this requirement, becoming the critical 38th state to approve the amendment. Yet, legal debates over expired deadlines and state rescissions have stalled its certification. Biden’s recent announcement challenges these obstacles, stating that no time limit was included in the original text and that the amendment should be officially recognized.
Biden’s Announcement: A Stand for Equality
In a public statement, President Biden affirmed his belief that the 28th Amendment is the law of the land, stating:
“It is long past time to recognize the will of the American people. In keeping with my oath and duty to the Constitution and country, I affirm what I believe and what three-fourths of the states have ratified: The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex.”
While Biden’s declaration does not carry executive authority to enforce the amendment, it highlights the urgency of addressing gender inequality in America. His administration aligns with the American Bar Association, which supports the view that the absence of a deadline in the ERA’s text validates its current status.
Equal Rights Amendment 2024: Legal Challenges Ahead
The announcement is expected to face legal scrutiny, with several constitutional experts questioning whether Biden has the authority to declare the ERA ratified. Critics argue that ratification deadlines set by Congress in 1979 and extended to 1982 invalidate Virginia’s recent approval. Additionally, five states have attempted to rescind their earlier ratifications, further complicating the matter.
Dr. Colleen Shogan, the U.S. archivist responsible for certifying amendments, previously stated that procedural and legal barriers prevent the ERA’s certification. However, Biden contends that the archivist’s role is “ministerial” and must reflect the states’ ratifications.
Ultimately, the courts will likely determine whether the Equal Rights Amendment officially becomes the 28th Amendment.
Why the Equal Rights Amendment Matters Today
The 28th Amendment would constitutionally prohibit gender-based discrimination, protecting individuals in areas such as employment, education, healthcare, and reproductive rights. In the wake of the Supreme Court’s 2022 decision overturning Roe v. Wade, advocates believe the ERA could play a crucial role in safeguarding gender equality.
Senator Kirsten Gillibrand, a vocal supporter of the ERA, praised Biden’s announcement as a historic opportunity to codify women’s rights without needing congressional approval.
“This is a defining moment for gender equality in America,” Gillibrand said. “The Equal Rights Amendment could provide lasting protections for women and all marginalized genders.”
Biden’s Equal Rights Amendment Legacy
As Biden’s presidency nears its conclusion, the ERA declaration is one of many moves aimed at cementing his legacy. Beyond this announcement, his administration has prioritized clemency for nonviolent offenders, environmental protections, and immigration reforms in his final days in office.
Biden’s decision to champion the Equal Rights Amendment underscores his commitment to advancing civil rights, even as political opposition looms. Whether or not the courts uphold the amendment’s ratification, his announcement reignites a national conversation about gender equality and the need for systemic change.
What’s Next for the 28th Amendment?
The next steps for the Equal Rights Amendment are likely to unfold in the courts. Legal interpretations of ratification deadlines and state rescissions will shape the ERA’s future, and the archivist’s certification remains a critical yet unresolved step.
Regardless of the outcome, Biden’s announcement has amplified the movement for gender equality, reminding Americans of the unfinished work in the fight for civil rights.
For decades, the Equal Rights Amendment has symbolized hope for a more equitable future. While its ratification faces hurdles, the 28th Amendment serves as a rallying cry for generations advocating for justice and equality.
For more insights into the Equal Rights Amendment, its history, and its implications, visit our website for a comprehensive article. Stay informed about the fight for equality and its impact on America’s future.
