In a significant move that reverberates across the political landscape, President Joe Biden recently proclaimed the Equal Rights Amendment (ERA) as the “law of the land.” This declaration, made during a speech at the United States Conference of Mayors, is seen as a pivotal moment in the ongoing struggle for gender equality in the United States. The ERA, which aims to enshrine gender equality in the Constitution, has faced a tumultuous journey since its inception over a century ago.
The historical context of the Equal Rights Amendment
The ERA was first introduced in Congress in 1923 and was passed in 1972, yet it has not been fully ratified. The amendment requires the approval of 38 states, a threshold that was nearly met by the 1982 deadline, but ultimately fell short. Virginia’s ratification in 2020 marked a significant milestone, bringing the total to 38 states. However, legal and procedural hurdles remain, as the National Archives has stated that the ERA cannot be added to the Constitution without further congressional action.
Legal implications of Biden’s announcement
Biden’s assertion that the ERA is now part of the Constitution opens the door for potential legal challenges against gender discrimination, particularly concerning reproductive rights. Legal experts and advocacy groups have expressed optimism that this declaration could empower women to contest discriminatory laws in their states. Senator Kirsten Gillibrand emphasized that the amendment would render sex-based discrimination, including restrictions on reproductive healthcare, unconstitutional. This perspective aligns with the sentiments of a significant majority of the American public, who support the inclusion of the ERA in the Constitution.
Criticism and support from various stakeholders
While many advocates for women’s rights have welcomed Biden’s announcement, others have criticized it as a delayed response to ongoing crises surrounding voting rights and reproductive healthcare. Mini Timmaraju, head of Reproductive Freedom for All, pointed out that the Democratic Party often takes too long to address pressing issues. Despite these critiques, Biden’s declaration is seen as a strategic move to put pressure on Republicans, forcing them to confront their stance on women’s constitutional equality.
As the nation grapples with the implications of this announcement, the future of the Equal Rights Amendment remains uncertain. The legal landscape surrounding gender equality continues to evolve, and Biden’s declaration may serve as a catalyst for change, prompting further discussions and actions toward achieving true equality for all.
