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In a surprising move, President Joe Biden has declared the Equal Rights Amendment (ERA) as part of the U.S. Constitution, despite its failure to be ratified. This declaration has ignited a firestorm of controversy, particularly among legal experts and political commentators.
The ERA, which aims to guarantee equal rights regardless of sex, has been a topic of discussion for decades, but its journey has been fraught with challenges.
The historical context of the Equal Rights Amendment
The ERA was first proposed in 1923 and gained traction in the 1970s, with Congress passing it in 1972.
However, the amendment faced significant hurdles during the ratification process. The deadline for ratification was set for March 22, 1979, allowing states seven years to approve it. Ultimately, the amendment fell short, with only 35 states ratifying it by the deadline.
Moreover, several states later rescinded their ratifications, further complicating its status.
Biden’s declaration and its implications
In a statement made shortly before leaving office, Biden claimed that the ERA is now the law of the land, asserting that it has been ratified by three-fourths of the states.
This assertion has been met with skepticism, as legal experts point out that the amendment’s ratification process was never completed. The U.S. Archivist, Colleen Shogan, has reiterated that her office does not have the authority to publish the amendment unilaterally, emphasizing that any changes to the ratification deadline would require new congressional action.
The political ramifications of Biden’s stance
Biden’s declaration has been interpreted by some as a strategic move to appease progressive factions within the Democratic Party. Figures like Senator Kirsten Gillibrand have celebrated the announcement, suggesting that it opens the door for legal challenges to protect women’s rights, including abortion rights.
However, critics argue that this move is more about political optics than substantive legal change. The lack of a formal executive order to enforce this declaration raises questions about its legitimacy and potential for judicial review.
Public perception and the future of the ERA
The public’s response to Biden’s claim has been mixed. While some view it as a necessary step toward gender equality, others see it as a desperate attempt to bolster a faltering legacy. The controversy surrounding the ERA reflects broader societal debates about gender rights and the interpretation of the Constitution. As the political landscape continues to evolve, the future of the ERA remains uncertain, with advocates pushing for renewed efforts to secure its ratification.
In conclusion, Biden’s bold claim about the Equal Rights Amendment has reignited discussions about gender equality and constitutional law. As the nation grapples with these complex issues, the implications of this declaration will likely resonate for years to come.
