Equal Rights Amendment

The Equal Rights Amendment: Is it Finally the Law of the Land?

The fight for gender equality in the United States has taken a significant turn, with President Joe Biden recently declaring that the Equal Rights Amendment (ERA) is now ratified. This declaration, made in January 2025, has ignited a national conversation about the amendment's journey, its current legal status, and what it means for the future of women's rights in America. This article will break down the key events, the historical context, and what we can expect moving forward.

What's the Big Deal with the ERA?

The Equal Rights Amendment is a proposed amendment to the U.S. Constitution that aims to guarantee equal legal rights for all American citizens regardless of sex. Simply put, it would prohibit discrimination based on gender. This concept, while seemingly straightforward, has been a source of debate and struggle for over a century. The core idea is to provide a constitutional foundation for gender equality, going beyond existing laws that can be changed or interpreted differently.

Recent Updates: A Timeline of Key Developments

The recent surge in attention around the ERA stems from President Biden's declaration that it is ratified. Here's a breakdown of the key events:

• January 17, 2025: President Joe Biden issued a statement declaring the Equal Rights Amendment ratified. As the White House stated, "I have supported the Equal Rights Amendment for more than 50 years, and I have long been clear that no one should be discriminated against based on their sex." This declaration was a significant move, suggesting the amendment had met all necessary criteria.
• National Archives and the Certification: However, the road to formal implementation isn't entirely smooth. As reported by NPR, the constitutional amendment needs formal publication or certification by the national archivist. The national archivist has not yet done so, leaving the amendment in a state of legal limbo. This is a crucial step for the ERA to be officially added to the Constitution.

Contextual Background: A Century-Long Struggle

The ERA wasn't just born yesterday. Its history is long and complex:

• Early Beginnings: The amendment was first introduced in 1923, a testament to the enduring fight for women’s rights. It was introduced by suffragist Alice Paul, who was also a major figure in the fight to win women the right to vote.
• Congressional Passage: The ERA passed both houses of Congress with the required two-thirds votes in the 1970s. This was a significant victory, but the next hurdle proved difficult.
• State Ratification: The ERA was sent to the states for ratification in 1972, with an initial deadline of 1979 for three-quarters of state legislatures to approve it.
• Opposition and Deadlines: The amendment faced significant opposition, and the deadline was extended. Despite this, it only gained 35 of the 38 state ratifications needed by the deadline.
• Renewed Push: In recent years, there has been a renewed push for ratification, and Virginia became the 38th state to ratify the ERA in 2020. This renewed push has led to the current situation where Biden is advocating for it to be recognized as law.

The American Bar Association (ABA) has also recognized that the ERA has cleared all necessary hurdles to be formally added to the Constitution as the 28th Amendment. This endorsement adds weight to the argument that the ERA should be officially recognized.

Immediate Effects: What Does This Mean Right Now?

President Biden's declaration, while significant, doesn't instantly change everything. Here are some of the immediate implications:

• Legal Uncertainty: The most immediate effect is legal uncertainty. While the president says it’s ratified, the absence of formal certification from the national archivist means the ERA’s legal status is contested. This sets the stage for potential legal battles.
• Heightened Awareness: The president's statement has brought the ERA back into the national spotlight. This increased awareness can lead to more public discussions about gender equality and potentially lead to more support for the ERA.
• Political Polarization: The issue is already highly politically charged, and Biden's declaration is likely to further polarize the debate. Supporters will see it as a crucial step, while opponents may view it as an overreach.
• Regulatory Implications: If the ERA is eventually certified, it could have far-reaching implications for laws and policies across the country. This could lead to significant changes in areas such as employment, education, and healthcare.

Future Outlook: What's Next for the ERA?

The future of the ERA is still uncertain, but here are some potential paths forward:

• Legal Challenges: Opponents of the ERA may file legal challenges to prevent its official certification and implementation. The courts may ultimately decide the fate of the amendment.
• Political Pressure: There will likely be continued political pressure on the national archivist to certify the amendment. Advocates for the ERA will continue to lobby for its inclusion in the Constitution.
• State-Level Impact: Regardless of the federal outcome, some states may choose to enact their own equal rights legislation. This could lead to a patchwork of protections across the country.
• Social Change: Even if the ERA faces legal hurdles, the debate around it has already influenced public discourse. This can lead to more awareness and social change regarding gender equality.
• The Role of Public Opinion: Public opinion will play a crucial role in shaping the future of the ERA. Increased public support can put pressure on political leaders to take action.
• Potential for a New Era: If the ERA is formally added to the Constitution, it could mark a new era for gender equality in the United States. It could offer a stronger legal basis for protecting women's rights and could potentially lead to a more equitable society.

Conclusion: A Long Road Ahead

The Equal Rights Amendment has been a long and winding road. While President Biden's declaration marks a significant milestone, the path forward is still unclear. The lack of formal certification from the national archivist creates legal uncertainty, and the issue remains politically charged. Whether the ERA will become the 28th Amendment to the Constitution is still uncertain, but the debate surrounding it will continue to shape the conversation about gender equality in the United States for years to come. The outcome of this will have profound implications for the legal and social landscape of the country.