President Biden declared the Equal Rights Amendment ratified, marking a historic moment for gender equality and reproductive rights.
Despite legal challenges and uncertainty, Biden’s stance could influence the ongoing fight for women’s rights.
The announcement sets the stage for court battles over constitutional authority and the amendment’s future.
Content Highlights
- Biden’s Declaration: The ERA is now the 28th Amendment, per Biden’s opinion.
- Legal Challenges: Experts highlight ratification deadlines and states rescinding approval.
- Impact on Women’s Rights: Potential for bolstering reproductive freedoms.
- Archivist’s Role: Unclear next steps for certification.
- Political Context: A part of Biden’s legacy-shaping final actions.
In a historic and emotional announcement, President Joe Biden declared on Friday that the Equal Rights Amendment (ERA) is ratified, marking a pivotal moment in the long fight for gender equality.
Though laden with legal complexities, the decision reflects Biden’s commitment to honoring the progress made by generations of advocates.
“It is long past time to recognize the will of the American people,” Biden stated with heartfelt conviction.
“The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex.”
A Legacy of Persistence
The ERA, first passed by Congress in 1972, has stood as a symbol of the fight for women’s rights.
For decades, activists nationwide championed its cause, even as ratification remained elusive.
That changed in 2020 when Virginia became the 38th state to ratify the amendment, meeting the constitutional requirement.
By asserting his belief that the ERA is now ratified, Biden seeks to cement the amendment’s place in the Constitution.
Yet, the path forward remains fraught with legal challenges and procedural hurdles, as questions linger over expired ratification deadlines and the legitimacy of rescinded approvals by five states.
A Symbolic Stand for Equality
Biden’s announcement leans on the opinions of leading constitutional scholars and organizations like the American Bar Association, who argue that no time limit was explicitly stated in the ERA’s text.
For advocates like Senator Kirsten Gillibrand, the move represents a powerful step toward codifying gender equality and bolstering reproductive rights—critical issues in the aftermath of the 2022 Supreme Court decision overturning Roe v. Wade.
While the ERA’s future may now rest in the hands of the courts, its symbolic significance cannot be overstated.
It stands as a testament to the tireless efforts of those who have fought for decades to ensure that equal rights are guaranteed to all Americans, regardless of gender.
Continuing the Fight in the Face of Challenges
Despite Biden’s declaration, the National Archives has reaffirmed its stance that the amendment cannot be certified due to established legal opinions and procedural rules.
Archivist Dr. Colleen Shogan, who would be responsible for certifying and publishing the amendment, has pointed to longstanding legal and judicial decisions as barriers to finalizing the ERA’s inclusion in the Constitution.
In the face of these challenges, Biden remains steadfast. “This is about recognizing the will of the people,” a senior administration official emphasized, adding that the president’s statement is not an executive action but a declaration of his firm belief in the amendment’s validity.
Biden’s Final Push to Secure His Legacy
As his presidency draws to a close, Biden is racing to solidify his legacy through a series of impactful actions.
From clemency for nonviolent drug offenders to sweeping environmental protections, Biden has used his final days in office to enact changes aimed at preserving his vision for the nation.
Among these actions, Biden’s declaration on the ERA stands out as a deeply personal and symbolic effort to ensure that equality remains at the forefront of the nation’s progress.
His administration has worked tirelessly to reinforce the idea that the ERA is not just a relic of the past but a cornerstone for the future.
A Call to Action for the Next Generation
As the courts prepare to weigh in, the fight for equality continues. Advocates like Gillibrand call on leaders and citizens alike to push for progress and ensure that the ERA’s protections become a lasting reality.
“This is a moment to honor the legacy of those who came before us and to continue their work,” Biden remarked.
His words serve as both a tribute to the past and a rallying cry for the future—reminding all Americans that the fight for equality is far from over.
