The Biden Administration’s Bold Step: A New Era for the Equal Rights Amendment
Key Takeaways:
- President Joe Biden declared the Equal Rights Amendment (ERA) ratified, igniting a new chapter for women’s equality.
- The amendment could strengthen reproductive rights but faces significant legal hurdles.
- The 28th Amendment, rooted in gender equality, remains at the center of debate as Biden’s presidency concludes.
Introduction: The Equal Rights Amendment and Biden’s Vision
President Joe Biden, in a historic move, proclaimed the Equal Rights Amendment (ERA) officially ratified. This landmark step could usher in significant changes to gender equality in America. Passed by Congress in 1972, the ERA seeks to enshrine equal rights for all genders into the U.S. Constitution. Despite decades of stagnation, Virginia’s ratification in 2020 marked the 38th state needed to fulfill constitutional requirements. Biden’s recent statement aims to solidify the ERA as the 28th Amendment, yet legal and procedural challenges loom.
What Is the Equal Rights Amendment?
The Equal Rights Amendment (ERA), designed to guarantee gender equality, was introduced nearly a century ago. It stipulates that “equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” Though Congress passed the amendment in 1972, the ratification deadline expired in 1982, leaving its legal standing uncertain. Biden’s declaration revives its relevance, emphasizing that no time limit exists within the ERA’s original text.
Biden’s Statement on the 28th Amendment
President Biden announced his belief that the ERA is now the 28th Amendment to the Constitution. He stated, “It is long past time to recognize the will of the American people. Three-fourths of the states have ratified it, and I affirm its validity.” Biden’s administration aligns with constitutional scholars and the American Bar Association, asserting that the amendment’s ratification remains legally valid despite expired deadlines.
This bold opinion underscores Biden’s commitment to gender equality as a cornerstone of his administration’s legacy. However, it also faces resistance, as several states have rescinded their ratifications, sparking debates about the amendment’s legitimacy.
Legal Hurdles: Challenges Ahead for the ERA
Critics argue that the ERA’s ratification faces insurmountable obstacles. The U.S. Department of Justice previously declared the expired deadlines enforceable, and the National Archives has refrained from certifying the amendment. Dr. Colleen Shogan, the U.S. archivist, emphasized that her role remains “purely ministerial,” requiring court rulings to resolve the issue.
The Supreme Court will likely play a crucial role in determining the ERA’s constitutional status. If upheld, the amendment could have sweeping implications, especially regarding reproductive rights and workplace equality.
Why the ERA Matters in 2025
The Equal Rights Amendment holds immense significance in today’s political and social landscape. As the U.S. grapples with gender disparities, the ERA could provide a legal foundation for addressing issues such as wage gaps, discrimination, and reproductive autonomy. Senator Kirsten Gillibrand highlighted its potential to codify women’s rights without relying on a divided Congress, especially after the Supreme Court overturned Roe v. Wade in 2022.
Biden’s move to recognize the ERA as the 28th Amendment aligns with broader efforts to protect abortion rights and promote gender equality. While executive actions have bolstered these causes, the ERA offers a more permanent solution.
Conclusion: A Turning Point for Gender Equality
President Joe Biden’s assertion of the Equal Rights Amendment as the 28th Amendment marks a pivotal moment in the fight for gender equality. By championing the ERA, Biden has placed it at the forefront of his administration’s achievements. However, its future depends on navigating legal challenges and securing widespread support.
As the debate unfolds, the ERA continues to symbolize progress and the enduring struggle for equal rights. Its potential to shape reproductive freedoms, workplace policies, and broader societal norms ensures its relevance in the Biden era and beyond.
