Equal Rights Amendment: Historical Context and Current Status

Latest News: President Biden’s Statement on the Equal Rights Amendment

On January 17, 2025, President Joe Biden made a groundbreaking statement, declaring that the Equal Rights Amendment (ERA) should be considered part of the U.S. Constitution. He asserted that with the required 38 state ratifications completed, the ERA fulfills the constitutional requirements for adoption. Biden’s remarks signal his administration’s firm support for gender equality and the formal inclusion of the ERA in the Constitution.

In his address, Biden called on Congress and the judicial system to recognize the ERA’s validity, emphasizing the importance of enshrining gender equality into law. “It is time for this country to guarantee equal rights for all, regardless of sex,” Biden stated. His comments aim to galvanize momentum for resolving the legal and procedural disputes surrounding the ERA.

Legal and Political Implications

While Biden’s statement reflects strong executive support, it does not carry the legal authority to implement the amendment. The National Archives and Records Administration (NARA), under the guidance of U.S. Archivist Colleen Shogan, has maintained that it cannot certify the ERA without explicit approval from Congress or a definitive court ruling. This highlights the tension between the legislative, executive, and judicial branches regarding the amendment’s fate.

Next Steps

Biden urged Congress to pass a resolution that retroactively removes the 1982 ratification deadline. Such a move would address one of the primary legal challenges facing the ERA. Additionally, advocacy groups and legal experts are pushing for the Supreme Court to weigh in on the matter and provide clarity on whether the existing ratifications are sufficient.

Public Reaction

Biden’s statement has reignited public and political debates about the ERA. Supporters have praised the administration’s proactive stance, while opponents argue that the lapsed deadline invalidates the amendment. Activist groups are mobilizing nationwide to build pressure on lawmakers and the judiciary to recognize the ERA as part of the Constitution.

This development underscores the enduring relevance of the Equal Rights Amendment and the ongoing struggle for gender equality in the United States. As Biden stated, “The promise of equality is a cornerstone of our democracy, and the time to fulfill that promise is now.”

The Equal Rights Amendment (ERA) is a proposed amendment to the United States Constitution aimed at ensuring equal legal rights for all American citizens, regardless of sex. First introduced in 1923 by suffragist Alice Paul, the ERA seeks to eliminate legal distinctions between men and women in matters of divorce, property, employment, and other areas.

Historical Overview

• 1923: The ERA was introduced to Congress but did not advance.
• 1972: Congress approved the ERA and sent it to the states for ratification, setting an initial seven-year deadline.
• 1977: By this year, 35 of the required 38 states had ratified the amendment.
• 1978: Congress extended the ratification deadline to June 30, 1982.
• 1982: The extended deadline passed without additional state ratifications, leaving the ERA three states short.

Recent Developments

Interest in the ERA resurged in the 2010s:

• 2017: Nevada ratified the ERA.
• 2018: Illinois followed suit.
• 2020: Virginia became the 38th state to ratify the ERA, seemingly fulfilling the constitutional requirement for amendments.

Legal and Political Challenges

Despite reaching the 38-state threshold, the ERA’s adoption faces obstacles:

• Ratification Deadline: The original and extended deadlines have long passed, leading to debates over their validity.
• Rescinded Ratifications: Five states—Nebraska, Tennessee, Idaho, Kentucky, and South Dakota—have attempted to rescind their ratifications, raising questions about the legitimacy of such actions.
• Federal Stance: In December 2024, U.S. Archivist Colleen Shogan stated that without further action from Congress or the courts, the ERA could not be certified.

FAQ’S on Equal Rights Amendment

What is in the Equal Rights Amendment?

The Equal Rights Amendment ensures equal legal rights for all citizens, regardless of sex, eliminating gender-based discrimination in law.

Why did the Equal Rights Amendment Fail?

The Equal Rights Amendment failed due to missed ratification deadlines, political opposition, and legal disputes over rescinded state ratifications.

What is the Equal Rights Amendment in India?

India does not have a specific “Equal Rights Amendment.” Gender equality is enshrined in Article 14-18 of its Constitution, ensuring equal rights.

Conclusion

The Equal Rights Amendment represents a pivotal effort to enshrine gender equality in the U.S. Constitution. While significant strides have been made, legal and political hurdles continue to impede its formal adoption. The ongoing debate underscores the complexities of constitutional amendments and the enduring pursuit of equal rights.

Explore more insights and updates on significant constitutional amendments in our Legal Reforms and Policies section. Stay informed about the latest developments shaping the legal landscape.