Biden Declares Equal Rights Amendment Ratified: Legal Challenges Loom
In a move that has sparked significant debate, President Joe Biden declared on January 17, 2025, that the Equal Rights Amendment (ERA) is now ratified, making it the 28th Amendment to the U.S. Constitution. This statement has been hailed as a milestone by many advocates for gender equality, as it seeks to enshrine equal rights for women and prohibit gender-based discrimination. However, this announcement is not without controversy, and legal experts have already started to question the validity of such a declaration, especially given the complex history of the ERA.
The Equal Rights Amendment, first passed by Congress in 1972, aims to guarantee equal rights for all Americans, regardless of sex. While the amendment received initial support, it faced delays and resistance, and the ratification process took decades. Virginia's ratification in 2020 marked the 38th state to approve the amendment, meeting the threshold required for constitutional amendments. However, the ERA was initially subject to a deadline that was extended, but never fully enforced, leaving some legal experts to question whether the amendment’s passage was truly legitimate.
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Biden’s declaration marks the end of a long journey for the ERA. In a statement, he emphasized that “it is long past time to recognize the will of the American people.” He asserted that three-quarters of the states have ratified it, and thus, the ERA should be considered part of the Constitution. However, Biden clarified that his stance was not an executive action but an “opinion” based on legal scholars and constitutional experts, including the American Bar Association, who support the notion that the lack of a time limit in the text of the ERA means that it should be ratified, despite the years that have passed.
Despite Biden's stance, the ERA faces significant hurdles. Legal challenges are already underway, with some experts arguing that the ratification deadline has long passed and that five states have even rescinded their approval, complicating the situation further. Critics of Biden's move, including former legal officials, argue that the president has no authority in the amendment process. They contend that if the ERA were to be added to the Constitution, Congress would need to take new action to extend the ratification period or resolve the legal questions surrounding the matter.
While the White House has acknowledged that the decision will ultimately be left to the courts, Biden’s announcement has added fuel to the ongoing debate over the ERA’s future. The amendment’s supporters, including lawmakers like Senator Kirsten Gillibrand, have pushed for its certification, particularly in the wake of the Supreme Court’s decision to overturn Roe v. Wade. For these advocates, ratifying the ERA is seen as a way to solidify women’s rights and gender equality protections, providing a stronger foundation for future legal battles concerning reproductive rights and gender-based discrimination.
As President Biden navigates the final days of his administration, the push for the ERA and other executive actions represents a concerted effort to leave a lasting legacy. However, with legal challenges already in motion, the fate of the ERA remains uncertain, and its ultimate inclusion in the Constitution may hinge on the decisions of future administrations and the courts.
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