Equal Rights Amendment: A Century-Long Journey Toward Ratification
The Equal Rights Amendment (ERA), first proposed by suffragist Alice Paul in 1923, aims to guarantee equal legal rights for all American citizens, regardless of sex. The amendment’s text states: “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.”
Congressional Approval and Ratification Efforts
In 1972, after decades of advocacy, Congress approved the ERA and set a seven-year deadline for state legislatures to ratify the amendment, later extending it to 1982. By the extended deadline, only 35 of the required 38 states had ratified the ERA, leaving it three states short of adoption.
Renewed Momentum in the 21st Century
The early 2000s saw a resurgence in efforts to ratify the ERA. Nevada ratified the amendment in 2017, followed by Illinois in 2018, and Virginia in 2020, bringing the total number of ratifying states to 38. Despite reaching this threshold, the expired 1982 deadline has led to ongoing legal and political debates regarding the amendment’s validity.
President Biden’s Declaration
On January 17, 2025, President Joe Biden declared the ERA as the 28th Amendment to the U.S. Constitution, stating, “It is long past time to recognize the will of the American people… I affirm what I believe and what three-fourths of the states have ratified: the 28th Amendment is the … .” However, this declaration is largely symbolic, as the President lacks the authority to amend the Constitution unilaterally. The National Archives has indicated that without congressional or judicial action to address the expired deadline, the ERA cannot be certified.
Legal and Political Challenges
The primary obstacle to the ERA’s adoption remains the expired ratification deadline. Efforts to remove or extend this deadline have faced challenges in Congress, and the Department of Justice has previously opined that the deadline is binding. Additionally, some states that initially ratified the ERA have since attempted to rescind their ratifications, further complicating the legal landscape.
The Path Forward
Advocates continue to push for the ERA’s inclusion in the Constitution, arguing that the ratification deadline should not impede the amendment’s adoption. They emphasize the importance of enshrining gender equality in the nation’s foundational document. Opponents, however, contend that the expired deadline and procedural issues must be addressed before the ERA can be recognized. As the debate persists, the future of the Equal Rights Amendment remains uncertain, pending further legislative and judicial actions.
Engage with Us
We invite our readers to share their thoughts on the ERA’s journey and its implications for gender equality in the United States. Do you believe the ERA should be recognized as part of the Constitution despite the expired deadline? How do you think this issue should be resolved? Share your comments below, and don’t forget to like and share this article to continue the conversation.
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