WASHINGTON, DC - JULY 14: U.S. President Joe Biden delivers remarks on the assassination attempt on Republican presidential candidate former President Donald Trump at the White House on July 14, 2024 in Washington, DC. A shooter opened fire injuring former President Trump, killing one audience member, and injuring two others during a campaign event in Butler, Pennsylvania on July 13. Biden was joined by Vice President Kamala Harris. (Photo by Kevin Dietsch/Getty Images)
IndependentReport – President Biden’s bold announcement declaring the Equal Rights Amendment (ERA) as the 28th Amendment has reignited debates about gender equality and constitutional law. His statement marks a significant moment in American history, but it also faces legal challenges that could delay its official recognition.
The ERA, which aims to guarantee equal rights regardless of sex, has been a long-standing issue in U.S. politics. While Biden’s declaration brings new momentum, the courts will ultimately decide its fate.
The ERA was first proposed in 1923 to address systemic gender inequality. It reads:
“Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.”
Despite its simple wording, the amendment carries profound implications. Supporters believe it is essential for legal protections, while critics argue existing laws already address these issues.
Biden’s announcement positions the ERA as a necessary constitutional guarantee. He emphasized its importance in tackling wage gaps, workplace discrimination, and other systemic inequalities.
“The Equal Rights Amendment is a commitment to fairness,” Biden stated. “It ensures every American, regardless of gender, receives equal protection under the law.”
While his declaration signals strong political support, legal experts note that it does not settle the debate over its validity.
Several legal issues stand in the way of the ERA’s formal adoption.
Deadline Disputes
Congress originally set a ratification deadline for 1979, later extending it to 1982. However, the ERA only secured 35 of the required 38 state ratifications by that time. In recent years, Nevada, Illinois, and Virginia voted to ratify the ERA, but questions remain about whether their actions are valid after the deadline.
State Rescissions
Five states—Idaho, Kentucky, Nebraska, Tennessee, and South Dakota—rescinded their ratifications. Legal scholars argue over whether rescissions are allowed under the Constitution, further complicating the issue.
Judicial Oversight
Ultimately, courts will decide the ERA’s status. Legal experts expect challenges to reach the Supreme Court, which will determine whether the recent ratifications hold legal weight.
READ MORE : The Equal Rights Amendment Debate: A New Chapter Under Biden
If officially recognized, the ERA could reshape American society in key ways:
Strengthening Wage Equality
The ERA could provide stronger legal protections against gender-based pay disparities. By embedding these protections in the Constitution, it would eliminate loopholes in current legislation.
Protecting Reproductive Rights
Advocates believe the ERA could bolster legal arguments for reproductive rights, particularly in states that have restricted access to abortion.
Combating Discrimination
The amendment would establish a clear constitutional standard for addressing gender-based discrimination in education, employment, and other areas.
Support for the ERA remains high among Americans, with many viewing it as overdue. However, opposition persists, particularly among conservative lawmakers who question its necessity.
Critics argue that existing laws, such as the Civil Rights Act and Title IX, already protect against gender discrimination. Some also express concerns about potential unintended consequences, like conflicts with religious freedoms.
Biden’s declaration has breathed new life into the ERA movement, rallying activists and lawmakers alike. However, the amendment’s future depends on overcoming legal challenges.
To resolve the issue, Congress could pass legislation affirming the ERA’s validity or remove the ratification deadline entirely. Meanwhile, courts must address the rescission and deadline controversies to establish a clear path forward.
The Equal Rights Amendment represents a pivotal opportunity to advance gender equality in the United States. Biden’s bold declaration has reignited hope among advocates, but the amendment’s legal hurdles remain significant.
As the debate unfolds, the nation faces a critical moment: Will the ERA finally join the Constitution as the 28th Amendment, or will legal challenges keep it in limbo? While the outcome remains uncertain, the push for equality continues to inspire change and drive progress.
