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- President Biden faces calls to certify the Equal Rights Amendment (ERA) despite its expired ratification deadline.
- The ERA aims to ensure equal rights under the law regardless of sex, with 38 states needed for ratification.
- Recent state ratifications and legal debates have reignited the ERA discussion.
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Essential Context
The Equal Rights Amendment, first proposed in 1923 and passed by Congress in 1972, has been at the center of a long-standing debate over gender equality. The amendment 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.”
Core Players
- President Joe Biden – Called upon to instruct the Archivist to certify the ERA.
- The Archivist of the United States – Responsible for certifying constitutional amendments.
- League of Women Voters – A key organization advocating for the ERA’s certification.
- American Bar Association (ABA) – Supports the ERA and argues against the validity of ratification deadlines.
Key Numbers
- 38 – The number of states required to ratify the ERA.
- 35 – The number of states that ratified the ERA by the extended deadline in 1982.
- 3 – Additional states (Nevada, Illinois, Virginia) that ratified the ERA after the deadline.
- 1972 – The year Congress passed the ERA and sent it to the states for ratification.
- 1982 – The extended deadline for ERA ratification.
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The Catalyst
Recent calls from various groups, including the League of Women Voters and the National Council of Negro Women, have prompted President Biden to consider certifying the ERA despite its expired ratification deadline. These groups argue that the deadline is not constitutionally valid and that the ERA should be recognized as the 28th Amendment.
“We must act now to affirm gender equality as a fundamental right in our US Constitution,” said Celina Stewart, CEO of the League of Women Voters of the United States.
Inside Forces
The debate surrounding the ERA’s ratification centers on the legality of the deadline set by Congress. Proponents argue that Congress does not have the authority to impose a permanent ratification deadline, citing Article V of the Constitution. The Archivist’s office, however, has relied on opinions from the Justice Department’s Office of Legal Council, which affirm the validity of the deadline.
Historical precedents, such as the Supreme Court cases in *Dillon v. Gloss* (1921) and *Coleman v. Miller* (1939), support the idea that Congress can set reasonable ratification deadlines.
Power Dynamics
The power to certify the ERA lies with the Archivist of the United States, who must adhere to legal, judicial, and procedural decisions. Despite this, the ongoing advocacy from various organizations and some lawmakers, like Sen. Kirsten Gillibrand, continues to push for the ERA’s certification.
Gillibrand argued that “the deadline was meaningless” and that the 2020 Office of Legal Council memo was incorrect in stating the ERA is no longer valid due to missing the deadline.
Outside Impact
The broader implications of certifying the ERA are significant, particularly in the areas of reproductive rights, healthcare, and anti-discrimination laws. Advocates believe the ERA is crucial for protecting these rights, especially given the current legal landscape.
The National Council of Negro Women and other organizations emphasize that the ERA is essential for restoring reproductive rights and enforcing existing federal anti-discrimination laws.
Future Forces
The future of the ERA depends on legal and political developments. If the ERA is certified, it would mark a significant milestone in the struggles for gender equality. On the other hand, if it is not certified, advocates will likely continue their push through other legal and legislative channels.
Potential future actions include further state ratifications, legal challenges, and congressional interventions to clarify or amend the ratification process.
Data Points
- 1923 – The year the ERA was first introduced in Congress.
- 1972 – The year Congress passed the ERA and sent it to the states for ratification.
- 1979 – The original ratification deadline set by Congress.
- 1982 – The extended ratification deadline.
- 2017, 2018, 2020 – Years when Nevada, Illinois, and Virginia, respectively, ratified the ERA after the deadline.
The ongoing effort to certify the Equal Rights Amendment highlights the enduring struggle for gender equality in the United States. As legal and political forces continue to shape this debate, the future of the ERA remains a critical issue with far-reaching implications.
