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• Jan 18, 2025
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President Joe Biden announces the Equal Rights Amendment as law, but its impact remains uncertain

WASHINGTON − On Friday, President Joe Biden declared the Equal Rights Amendment (ERA) as "the law of the land," reaffirming his support for enshrining gender equality into the U.S. Constitution. The statement comes more than a century after the amendment was first proposed.

The practical implications of Biden's remarks remain unclear, as the announcement was made just three days before he is set to leave office, with President-elect Donald Trump assuming the presidency on Monday.

The ERA, introduced in 1923, asserts 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." Advocates argue that the amendment is vital to combating gender discrimination and ensuring equal pay, while critics contend that the original ratification deadline has long expired, rendering the amendment unnecessary. You can read more about the ERA on History.com.

A Long Road to Ratification

The ERA was passed by Congress in 1972, requiring approval from three-fourths (38 of 50) state legislatures to be added to the Constitution. However, it does not require presidential endorsement. Virginia became the 38th state to ratify the amendment in 2020, but opponents maintain that the deadline set by Congress has already passed. Learn more about the challenges of ratifying the ERA on The New York Times.

The National Archivist, who oversees the certification of constitutional amendments, stated on December 17 that the ERA cannot be certified as part of the Constitution due to "established legal, judicial, and procedural decisions." For more on the National Archivist's role, visit National Archives.

In 2023, the U.S. Senate blocked the ERA from advancing, with a 51-47 vote falling short of the 60-vote threshold required to overcome a filibuster. This marked a setback for supporters striving to formalize the amendment a century after its introduction. You can find more on the Senate’s stance in The Washington Post.

The Gender Pay Gap Persists

Supporters argue that enshrining the ERA in the Constitution would help close the gender pay gap and combat systemic discrimination. According to the Department of Labor, women working full-time, year-round jobs in 2023 earned 84 cents for every dollar earned by men, while Black women earned only 69 cents for every dollar earned by white men. For more data on the gender pay gap, see Pew Research Center.

Despite its challenges, the ERA remains a powerful symbol in the fight for gender equality, as advocates continue to push for its recognition and enforcement. For a deeper dive into gender equality issues, visit UN Women.

Several prominent organizations continue to support the ERA, including the National Organization for Women (NOW), which campaigns for women's rights and equality. You can also read more about their work on The ERA Coalition.

The American Civil Liberties Union (ACLU) has also been a major advocate for the ERA, arguing that it would significantly impact civil rights laws. Learn more about their efforts and other constitutional amendments on their website.

To understand how the ERA impacts everyday life, check out PBS NewsHour.

The ERA's symbolism and its relevance today are discussed in a comprehensive Harvard Law Review article.