The Equal Rights Amendment Debate: A New Chapter Under Biden

Arcadia Daily – For nearly a century, the Equal Rights Amendment (ERA) has symbolized the fight for gender equality in the United States. Initially proposed in 1923, the amendment’s journey has been fraught with political and legal hurdles. Recent developments under President Biden’s administration, however, have reignited debates about its validity and future.

In January 2025, President Biden declared the ERA as the 28th Amendment to the U.S. Constitution, asserting that it has met all ratification requirements. While this announcement has brought renewed hope to supporters, it also raises questions about its legal standing and potential impact.

The History of the Equal Rights Amendment

The ERA was introduced to Congress in 1923 by suffragist Alice Paul, aiming to guarantee equal legal rights for all citizens, regardless of sex. Congress passed the amendment in 1972, setting a seven-year deadline for ratification by three-fourths of state legislatures.

By 1982, only 35 states had ratified the ERA, three short of the required 38. However, renewed efforts in the 21st century led Nevada, Illinois, and Virginia to ratify the amendment between 2017 and 2020, reaching the 38-state threshold.

Despite this milestone, legal challenges remain. Opponents argue that the ratification deadline has expired, making the late approvals invalid. Supporters contend that the deadline is non-binding and that the ERA should be recognized as part of the Constitution.

Biden’s Declaration and Its Implications

President Biden’s declaration of the ERA as the 28th Amendment marks a significant moment in its history. He emphasized the amendment’s importance in addressing gender discrimination and ensuring equality under the law.

However, the declaration lacks formal legal authority to amend the Constitution. The process requires certification by the National Archives and Records Administration (NARA), which has refrained from acting due to legal uncertainties. Without clear resolution from Congress or the courts, the ERA’s status remains in limbo.

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Legal Challenges Facing the ERA

The ERA’s journey is now at the crossroads of political and judicial processes. Key legal challenges include:

The Ratification Deadline

Opponents argue that Congress’s original 1982 deadline invalidates recent state approvals. Proponents counter that deadlines for constitutional amendments are not explicitly defined in the Constitution, making the timeline flexible.

Rescission Attempts

Five states—Idaho, Kentucky, Nebraska, South Dakota, and Tennessee—attempted to rescind their ratifications. Whether these rescissions are legally valid remains a contentious issue.

Judicial Review

The Supreme Court may ultimately decide the ERA’s fate. With a conservative majority, the court’s interpretation could significantly impact the amendment’s recognition.

The ERA’s Potential Impact

If fully recognized, the ERA would become the 28th Amendment, guaranteeing equal rights regardless of sex. Its inclusion could strengthen legal protections against gender discrimination in areas such as:

• Workplace Equality: Ensuring equal pay and opportunities for all genders.
• Reproductive Rights: Providing a stronger constitutional basis for defending access to reproductive healthcare.
• Legal Protections: Enhancing safeguards against domestic violence, sexual harassment, and gender-based discrimination.

Supporters believe the ERA’s recognition would signal a cultural and legal shift toward greater equality. Critics, however, argue that existing laws already provide sufficient protections and that the amendment could lead to unintended legal consequences.

A Renewed Push for Congressional Action

To resolve the ERA’s legal uncertainties, some lawmakers are advocating for congressional intervention. Possible actions include:

• Removing the Deadline
  A resolution to eliminate the 1982 ratification deadline could clarify the ERA’s validity. This approach has bipartisan support but faces significant opposition from conservatives.
• Reintroducing the ERA
  Some advocates suggest restarting the process by reintroducing the amendment. While this option provides a clean slate, it would require renewed efforts to gain widespread support.

Public Opinion and Advocacy

Public support for the ERA remains strong, with polls indicating that a majority of Americans favor its inclusion in the Constitution. Advocacy groups continue to mobilize grassroots campaigns, emphasizing the amendment’s relevance in addressing ongoing gender disparities.

Organizations such as the ERA Coalition and the Alice Paul Institute have amplified their efforts through social media, educational initiatives, and lobbying. Their campaigns aim to keep the ERA at the forefront of national discussions.

The Equal Rights Amendment debate under President Biden marks a pivotal moment in its century-long journey. While his declaration has reignited hope, the amendment’s legal status remains unresolved. Its fate now depends on the combined efforts of Congress, the courts, and public advocacy.

Whether recognized as the 28th Amendment or not, the ERA continues to symbolize the pursuit of gender equality. As the nation debates its future, the amendment serves as a reminder of the progress made and the challenges that lie ahead.