Biden Ratifies Equal Rights Amendment, Sparking Legal Battle and Finalizing Executive Agenda

On March 15, 2023, President Joe Biden signed a joint resolution passed by Congress to ratify the Equal Rights Amendment (ERA) into the US Constitution. This move culminated a decades-long fight for gender equality and marked a significant milestone in American history. However, the ratification has also ignited a heated legal battle, casting uncertainty over the amendment's fate.

A Complex Legal Landscape

The ERA's ratification is legally complex. The amendment was originally proposed in 1923 but failed to meet its ratification deadline of 1982. In the years that followed, Congress attempted to revive the amendment, leading to the 2020 passage of a joint resolution that purported to remove the ratification deadline. However, five states that had previously ratified the ERA have since rescinded their support, raising questions about the validity of the amendment's ratification.

Opponents of the ERA argue that the amendment's ratification, while passed by the required three-fourths of states, did not meet the procedure outlined in the Constitution for constitutional amendments. They claim that Congress does not have the authority to revive an amendment that failed to meet its ratification deadline, and that the rescissions by several states are legally binding.

Differing Perspectives

The ERA's ratification has divided legal scholars and activists alike. Supporters argue that the amendment is long overdue and that it is necessary to ensure equal rights for women under the law. They point to the fact that the ERA has been endorsed by numerous organizations, including the American Bar Association and the National Women's Law Center.

Opponents, on the other hand, express concerns about the amendment's potential consequences. They argue that the ERA could lead to the erosion of women's rights, including the right to stay-at-home parenting and protection from military conscription. Some also argue that the amendment's ratification would undermine the separation of powers between the federal government and the states.

Judicial Review

The legal battle over the ERA's ratification is expected to reach the Supreme Court. The Court will have to decide whether Congress had the authority to remove the ratification deadline and whether the rescissions by several states are valid. The Court's decision will have a profound impact on the future of gender equality in the United States.

Executive Agenda

The ERA's ratification also signals the end of a major plank in President Biden's executive agenda. Throughout his presidency, Biden has made gender equality a key priority, issuing numerous executive orders and proclamations to advance women's rights. The ratification of the ERA is seen as a capstone to these efforts.

Broader Implications

The ratification of the ERA has broader implications for American democracy. It demonstrates the power of citizen activism and the importance of fighting for social change. The amendment's long and winding journey towards ratification is a testament to the enduring legacy of the women's rights movement and the challenges that still remain in the pursuit of equality.

Conclusion

The ratification of the Equal Rights Amendment is a historic moment in American history. However, the amendment's future remains uncertain, as it faces legal challenges and political opposition. The Supreme Court's decision on the amendment's validity will have a profound impact on the rights of women in the United States. Regardless of the outcome, the ERA's ratification marks a significant step towards achieving gender equality and serves as a reminder of the ongoing fight for justice and equality for all.