Current Developments on the Equal Rights Amendment
The Equal Rights Amendment (ERA) has been a topic of significant discussion and legal debate in the United States, particularly following recent statements from President Joe Biden. As of January 17, 2025, Biden has declared that the ERA should be considered ratified, a move that has sparked both celebration and skepticism among advocates and legal experts alike.
Biden's Declaration
In a recent statement, President Biden asserted that the Equal Rights Amendment, which aims to guarantee equal legal rights for all American citizens regardless of sex, is now part of the U.S. Constitution. He emphasized that it is "long past time to recognize the will of the American people," suggesting that the amendment has met the necessary criteria for ratification. This declaration is seen as a symbolic gesture that aligns with a decades-long campaign for gender equality.
Key Points from Biden's Statement:
- Symbolic Gesture: While Biden's remarks are largely viewed as a symbolic endorsement, they do not compel any immediate legal action or certification.
- Legal Uncertainty: The announcement has raised questions about the legal implications of his statement, particularly since the ERA's deadline for ratification expired decades ago.
- Support for Gender Equality: Biden's declaration is part of a broader push to bolster protections for gender equality, which has been a contentious issue in U.S. politics.
Background on the Equal Rights Amendment
The Equal Rights Amendment was first introduced in Congress in 1923 and has undergone various iterations and debates over the decades. The amendment aims to eliminate discrimination based on sex and has garnered support from various advocacy groups, including the American Bar Association (ABA), which recently recognized that the amendment has cleared all necessary hurdles for formal addition to the Constitution.
Historical Context:
- Initial Introduction: The ERA was first proposed in the 1920s but faced numerous challenges and delays in ratification.
- Recent Developments: In recent years, several states have ratified the amendment, reigniting discussions about its status and the possibility of it being added to the Constitution.
Legal Challenges and Opposition
Despite Biden's declaration, the National Archivist has stated that the ERA cannot be certified without further action from Congress or the courts. This has led to a complex legal landscape where the amendment's status remains uncertain.
Key Legal Points:
- Certification Issues: The archivist's statement indicates that the amendment's ratification is not straightforward and may require additional legislative or judicial action.
- Political Divisions: The issue of the ERA has become a polarizing topic in U.S. politics, with some lawmakers and groups opposing its ratification on various grounds.
Recent News Coverage
Several major news outlets have reported on Biden's announcement and its implications:
CNN: Biden's declaration is seen as a significant move that could lead to a legal battle over the amendment's status.
The New York Times: The article discusses how Biden's remarks are largely symbolic and do not initiate a legal fight.
AP News: Biden's statement is positioned within a long-running legal battle over gender equality, emphasizing the need for recognition of the amendment.
U.S. News & World Report: The report highlights Biden's assertion that the ERA is "the law of the land," despite the ongoing legal uncertainties.
The Equal Rights Amendment continues to be a focal point in the fight for gender equality in the United States. President Biden's recent declaration has reignited discussions about its status and the potential for legal battles ahead. As advocates celebrate this symbolic victory, the path to formal ratification remains fraught with legal complexities and political challenges. The coming weeks and months will be crucial in determining the future of the ERA and its place in the U.S. Constitution.
For ongoing updates and detailed coverage, interested readers can follow the latest news on the Equal Rights Amendment through various news platforms and legal analyses.