Biden Says ERA is “Law of the Land”: What’s Next for the Equal Rights Amendment?

The Equal Rights Amendment (ERA), a proposed constitutional amendment aimed at guaranteeing equal rights for all citizens regardless of sex, has been a topic of discussion for nearly a century. Recently, President Biden stated that the ERA is “the law of the land,” sparking renewed interest in the amendment’s status and future.

History of the ERA

The ERA was first introduced in Congress in 1923, just three years after women gained the right to vote with the passage of the 19th Amendment. The amendment was designed to end legal distinctions between men and women in areas such as divorce, property, employment, and other matters.

Over the years, the ERA has undergone several revisions and faced numerous challenges. In 1972, Congress passed the ERA, sending it to the states for ratification. However, the ratification process proved to be a long and arduous one.

Ratification and Rescission

The ERA required ratification by three-fourths of the states (38 out of 50) to become part of the Constitution. Between 1972 and 1982, 35 states ratified the ERA, but the process stalled due to intense opposition from conservative groups.

In the 1970s and 1980s, some states rescinded their ratifications, citing concerns about the ERA’s potential impact on traditional family values and women’s roles in society. Today, the ERA’s status remains uncertain, with ongoing debates about whether it has been properly ratified and whether it is still relevant in the modern era.

Biden’s Statement and Its Implications

President Biden’s statement that the ERA is “the law of the land” may be seen as a nod to the amendment’s symbolic importance, but it is unlikely to resolve the ongoing legal and political disputes surrounding the ERA.

Biden’s administration has expressed support for the ERA, and his statement may be intended to encourage Congress to take action on the amendment. However, the ERA’s fate remains uncertain, and its future will likely depend on the outcome of ongoing court battles and congressional debates.

What’s Next for the ERA?

The ERA’s path forward is complex and uncertain. Several options are being considered, including:

1. Congressional action: Congress could pass legislation to revive the ERA or introduce a new version of the amendment.
2. Court challenges: Ongoing court battles may ultimately determine the ERA’s fate, with some arguing that the amendment has been properly ratified and others claiming that it has expired.
3. State-level action: Some advocates are pushing for state-level ratification of the ERA, which could potentially revive the amendment.

As the debate surrounding the ERA continues, one thing is clear: the amendment’s future will have significant implications for women’s rights, gender equality, and the Constitution itself.

In conclusion, while President Biden’s statement that the ERA is “the law of the land” may be seen as a symbolic victory for ERA advocates, the amendment’s fate remains uncertain. As the debate continues, it is essential to consider the ERA’s history, implications, and potential paths forward.