President Joe Biden has asserted, albeit without legal authority, that the Equal Rights Amendment (ERA) is now recognized as the 28th Amendment to the United States Constitution. The announcement has stirred debate among legal scholars and lawmakers about the amendment’s legal status.
The ERA, originally drafted in 1923 by women’s rights activist Alice Paul, was intended to guarantee equal legal rights for all American citizens regardless of sex. It was passed by Congress in 1972 but required ratification by at least three-fourths of the states. Following Virginia’s ratification in 2020, the number of ratifying states reached 38, seemingly fulfilling the constitutional threshold.
The crux of the legal dispute lies in whether Congress’ original deadline for ratification, which expired in 1982, invalidates the recent state-level ratifications. The Department of Justice suggested in a 2020 memorandum that the deadline had indeed passed, prompting the National Archives to refrain from certifying the amendment. Legalities aside, Biden’s declaration has been welcomed by advocates like Congresswoman Ayanna Pressley and the Equal Rights Amendment Caucus, who view it as a stride towards gender equality.
In an attempt to resolve the legal quandary, legislators like former Senator Ben Cardin and Senator Kirsten Gillibrand have introduced resolutions aiming to either remove the deadline for ERA ratification or affirm its current status as a constitutional amendment. However, these legislative efforts have largely stalled in the Senate Judiciary Committee.
The ongoing uncertainty surrounding the ERA’s status highlights the complexities introduced by the original deadline, prompting legal experts to call for clear legislative or judicial resolutions. As the legal community awaits clarification from the National Archives and Records Administration on whether it will acknowledge the ERA as part of the Constitution, the debate over gender equality and constitutional amendments continues to unfold. For further information, refer to the detailed coverage by JURIST.