President Biden declared the Equal Rights Amendment ratified, asserting that the necessary 38 states had voted in favor, despite past legal challenges and rescinded approvals. This action, intended to enshrine equal rights for women in the Constitution, relies on the American Bar Association’s interpretation that ratification deadlines are unenforceable. However, the Archivist of the United States has previously stated that certification is legally impossible, setting the stage for a likely court battle. The move comes as Biden uses his final days in office to enact numerous executive actions, some of which may be easily reversed by the incoming administration.
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Virginia’s 2020 ratification marked the 38th state to approve the Equal Rights Amendment (ERA), fulfilling the constitutional requirement for adoption. The American Bar Association and leading legal scholars concur that all necessary steps for ERA’s inclusion as the 28th Amendment have been completed. Therefore, the Amendment is deemed ratified and legally part of the U.S. Constitution, guaranteeing equal rights regardless of sex. This action upholds the will of the American people and fulfills a constitutional duty to ensure equal protection under the law.
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A bipartisan group of House representatives urged President Biden to ratify the Equal Rights Amendment (ERA) before leaving office, citing its importance in protecting rights regardless of sex. The letter highlights the ERA’s fulfillment of constitutional ratification requirements, despite past delays and rescissions by some states. Supporters argue the ERA’s ratification is crucial given the incoming administration’s stance on women’s and LGBTQIA+ rights. This action would solidify President Biden’s legacy and align with the strong public support for enshrining gender equality in the Constitution.
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Forty-six senators, including nearly the entire Democratic caucus, urged President Biden to certify the Equal Rights Amendment (ERA) before leaving office. Passed by Congress in 1972 and ratified by 38 states in 2020, the ERA awaits the Archivist’s certification to become the 28th Amendment. This action would guarantee legal equality between the sexes and potentially protect reproductive rights. Advocates highlight the urgency given increased state-level restrictions on abortion access and the approaching end of Biden’s term.
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John Q. Hosedrinker