Biden Declares Equal Rights Amendment ‘Law of the Land’ – A Century-Long Fight for Gender Equality
What is the Equal Rights Amendment?
The Equal Rights Amendment, first proposed in 1923, aims to ensure that “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 widespread public support and decades of advocacy, the ERA has yet to be enshrined in the Constitution. The journey of the amendment has been fraught with legal, political, and cultural challenges, making Biden’s recent declaration a critical moment in its history.
The 2023 Senate Vote: A Missed Opportunity
In 2023, the U.S. Senate held a pivotal vote on the ERA, but the amendment fell nine votes short of the 60 needed to overcome the filibuster hurdle. The final tally of 51-47 highlighted persistent divisions within the chamber. While supporters viewed the vote as a step toward progress, the failure underscored the uphill battle the ERA faces in the legislative process.
Biden’s Statement and Its Implications
On Friday, President Biden issued a statement backing the ERA, calling it a necessary measure to cement gender equality in law. “The Equal Rights Amendment is not just a legal necessity but a moral imperative,” Biden said. However, with his presidency ending and the amendment’s ratification stalled, the practical implications of his statement remain uncertain.
Legal experts and political analysts have questioned the impact of Biden’s declaration. While it serves to spotlight the ERA and rally its supporters, actual legislative change will require significant bipartisan cooperation, a challenge in the current polarized political climate.
Historical Context: A Century of Advocacy
The fight for the ERA began shortly after women’s suffrage was achieved with the 19th Amendment in 1920. The amendment was introduced in Congress in 1923 but failed to gain traction until the women’s rights movement of the 1970s. By 1972, Congress passed the ERA, sending it to the states for ratification. However, it fell short of the required 38 states by the 1982 deadline. Recent efforts to revive the ERA have sparked renewed debate, with Virginia becoming the 38th state to ratify the amendment in 2020—though legal questions about the timing of ratification persist.
Public Reaction: Support and Criticism
Biden’s declaration has drawn mixed reactions. Advocates for gender equality applauded his support, seeing it as a morale boost for the movement. “This is a historic moment for the ERA,” said a spokesperson for the National Organization for Women. Critics, however, have dismissed the statement as symbolic, arguing that without legislative action, it offers little tangible change.
The Road Ahead for the ERA
The path forward for the ERA remains uncertain. Legal battles over the ratification process, combined with the Senate’s filibuster rule, present significant hurdles. Advocates are calling for legislative reform and public pressure to ensure the ERA’s inclusion in the Constitution.
Conclusion: A Renewed Spotlight on Gender Equality
President Biden’s endorsement of the Equal Rights Amendment has reignited national attention on the fight for gender equality. While his declaration may not have immediate legal consequences, it serves as a rallying cry for activists and supporters to continue pushing for change. The question now is whether the United States will finally take the necessary steps to enshrine gender equality into its foundational legal document.
