President Joe Biden has declared the Equal Rights Amendment (ERA) as the 28th Amendment to the U.S. Constitution, despite legal and procedural challenges. The ERA, initially passed by Congress in 1972, has faced hurdles including expired ratification deadlines and states rescinding their support. Biden's announcement is seen as a push for gender equality, but legal experts and past rulings suggest the amendment is not yet part of the Constitution.
In a surprising move during his final days in office, President Joe Biden declared the Equal Rights Amendment (ERA) to be the 28th Amendment to the U.S. Constitution. This announcement has sparked debate and controversy, as the ERA has faced numerous legal and procedural challenges over the years. While Biden's declaration aims to affirm gender equality, the path to its recognition as a constitutional amendment remains fraught with obstacles.
The Equal Rights Amendment (ERA) has been a topic of discussion and legal battles for decades. Initially passed by Congress in 1972, the amendment sought to guarantee equal rights under the law regardless of sex. However, it required ratification by three-fourths of the states, or 38 states, to be added to the Constitution. By 1982, the deadline set by Congress, the ERA had not met this requirement. Despite this, Virginia became the 38th state to ratify the ERA in 2020, reigniting discussions about its potential inclusion in the Constitution. President Biden's recent declaration that the ERA is now the 28th Amendment has brought renewed attention to these issues, though legal experts argue that significant hurdles remain before it can be officially recognized as part of the Constitution[1][2].
The path to officially recognizing the ERA as a constitutional amendment is complex and fraught with legal challenges. One major issue is the ratification deadline set by Congress, which expired in 1982. Although some argue that the deadline is not legally binding, federal judges have ruled otherwise, maintaining that the deadline is valid. Additionally, five states rescinded their ratification in the 1970s, further complicating the amendment's status. Despite these challenges, some, including the American Bar Association, believe that the ERA has cleared the necessary hurdles and should be recognized. However, the legal landscape remains uncertain, with past rulings and opinions, including those from the Justice Department, suggesting that the amendment has not been ratified[2].
President Biden's declaration of the ERA as the 28th Amendment is seen by many as a bold move to affirm gender equality. In his statement, Biden emphasized the importance of recognizing the will of the American people and ensuring equal rights for all Americans, regardless of sex. However, his announcement has been met with skepticism and criticism, as legal experts point out that the amendment has not been officially recognized due to unresolved legal issues. Some see Biden's declaration as a strategic effort to pressure the archivist of the United States to certify the amendment, though this action would likely face judicial review. Ultimately, Biden's move highlights the ongoing struggle for gender equality and the complexities of constitutional amendments[1][2].
President Biden's declaration that the Equal Rights Amendment is the 28th Amendment to the U.S. Constitution has reignited discussions about gender equality and constitutional law. While the announcement underscores the importance of equal rights, the legal and procedural challenges surrounding the ERA remain unresolved. As the debate continues, the ERA's future as a constitutional amendment is uncertain, highlighting the complexities of the amendment process and the ongoing fight for gender equality in the United States.
"It is long past time to recognize the will of the American people." - President Joe Biden
"There is too much controversy about latecomers like Virginia long after the deadline passed." - Ruth Bader Ginsburg