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Equal Rights Amendment: Biden Declares ERA as the 28th Amendment Amid Controversy

Writer's picture:  Manir Dhabak Manir Dhabak


ERA March, 1978: Demonstrators on Pennsylvania Avenue carry a banner reading “National ERA March for Ratification and Extension,” with iconic Washington landmarks in view. (Photo: Ann E. Zelle/Getty Images)


In a plot twist worthy of a political sitcom, President Joe Biden, just days before the end of his term, declared the Equal Rights Amendment (ERA) as the 28th Amendment to the U.S. Constitution. This move, while symbolically significant, has left many wondering: Is the ERA finally part of the Constitution, or are we stuck in a legislative Groundhog Day?


A Brief History of the ERA

The ERA was first introduced in 1923, aiming to ensure equal rights under the law, regardless of sex. Fast forward to 1972, Congress passed the amendment, sending it to the states for ratification with a seven-year deadline, later extended to 1982. By that time, only 35 of the required 38 states had ratified it, leaving the ERA in constitutional limbo.


The Revival

In the 2010s, the ERA experienced a resurgence. Nevada ratified it in 2017, Illinois in 2018, and Virginia in 2020, bringing the total to the necessary 38 states. However, the original ratification deadline had long passed, leading to debates about the amendment's validity.


Biden's Declaration

On January 17, 2025, President Biden announced that the ERA should be considered ratified, stating, "It is long past time to recognize the will of the American people." While this declaration underscores the administration's commitment to gender equality, it doesn't have the legal authority to alter the amendment's status.


The Legal Quagmire

The U.S. Archivist, responsible for certifying constitutional amendments, has refrained from publishing the ERA, citing the expired deadline and pending legal questions. Legal experts agree that without congressional action to remove or extend the deadline, or a definitive court ruling, the ERA's status remains uncertain.


The Road Ahead

With President-elect Donald Trump set to take office, the future of the ERA is even more ambiguous. The incoming administration's stance on the amendment could influence its trajectory, but ultimately, it may be up to Congress and the courts to resolve this nearly century-old debate.


Conclusion

The saga of the Equal Rights Amendment is a testament to the complexities of constitutional law and the enduring fight for gender equality. As the political landscape shifts, the ERA's fate hangs in the balance, leaving advocates and opponents alike waiting for the next episode in this legislative drama.

So, is the ERA finally here to stay, or is it destined to remain a dream deferred? Only time—and perhaps a bit of legal wizardry—will tell.

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