Key Milestones in the Century-Long Journey of the Equal Rights Amendment

Title: President Biden Declares Support for Equal Rights Amendment, History Revisited

In a significant statement on Friday, President Joe Biden expressed that he believed the Equal Rights Amendment (ERA) meets the necessary criteria to be ratified as the 28th Amendment to the United States Constitution. However, this declaration is largely symbolic, as Biden has refrained from taking the official step to direct the government to publish the amendment, a move that could provoke legal challenges and complicate the ongoing debate surrounding the amendment’s validity.

Under the existing constitutional framework, the President does not have a direct role in approving amendments. Colleen Shogan, the National Archivist, articulated last month that her office is unable to certify the ERA due to established legal and procedural precedents. This has raised questions and intensified debates about the way forward for the amendment, which aims to guarantee equal rights regardless of sex, ensuring pay equity, and strengthening protections against domestic violence and sexual harassment.

The ERA has seen a tumultuous journey since its inception. More than three decades after its original proposal, it has secured ratification in 38 states, achieving the requisite support from three-quarters of the state legislatures. Despite this milestone, opponents assert that the amendment failed to meet a deadline set by Congress, and they highlight that several states have moved to retract their ratification.

The history of the Equal Rights Amendment dates back to 1923 when suffragist Alice Paul first introduced it in Congress following the ratification of the 19th Amendment, which afforded women the right to vote. The proposed amendment articulated, "Men and women shall have equal rights throughout the United States and every place subject to its jurisdiction." It wasn’t until 1971 that the ERA gained substantial momentum, passing in the House by a significant 354-24 vote, underscoring bipartisan support.

In 1972, the Senate followed suit, approving the amendment by an overwhelmingly favorable margin of 84-8. The text, which stated, "Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex," mandated that Congress holds the power to enforce the provisions of the article through appropriate legislation. At that time, lawmakers set a seven-year deadline for ratification by the states, a timeline that was later extended to 1982 by President Jimmy Carter.

During this period, several anti-feminist movements emerged, chief among them being the STOP ERA campaign championed by Phyllis Schlafly. Advocating traditional gender roles, Schlafly argued that the amendment would lead to unfavorable consequences, including compulsory military service for women. Her assertions resonated with several state legislatures, resulting in slowed progress on ratification.

Despite the initial setbacks, the amendment revived support decades later. In 2017, Nevada became the 36th state to ratify the ERA, generating renewed energy towards achieving the necessary 38-state threshold. Illinois joined soon after, further narrowing the gap, and in January 2020, Virginia became the 38th state to ratify the amendment.

However, under former President Donald J. Trump, the Office of Legal Counsel stated that since the ERA was not ratified within the deadline, it effectively “expired and is no longer pending before the states.” This claim complicated matters as five states that previously ratified the amendment sought to withdraw their support, adding layers of legal and procedural challenges.

The discussion around the ERA continues in Congress. In 2023, Senator Kirsten Gillibrand and Representative Cori Bush introduced a resolution asserting that the ERA was indeed ratified and should be considered enforceable as the 28th Amendment. The same year witnessed Senate Republicans blocking a resolution aimed at rescinding the expired deadline for states to ratify the amendment, hinting at the deeply entrenched divisions surrounding this issue.

In response to growing pressure from over 100 Democratic lawmakers urging the Biden administration to take action on the ERA, Gillibrand has been actively lobbying for White House support. Nevertheless, the National Archivist, in her statement, echoed the complexities posed by existing judicial precedents and Justice Department memos that suggest the amendment cannot be legally published.

As the debate over the Equal Rights Amendment continues to unfold, many advocates and supporters remain hopeful that legislative changes could provide a pathway toward its recognition in the Constitution, reinforcing the ongoing quest for gender equality in America. The future of the ERA remains uncertain, yet it symbolizes a crucial aspect of the nation’s commitment to ensuring that rights and protections are equally available to all citizens, regardless of gender.