Biden Says Equal Rights Amendment Has Passed, but Stops Short of Forcing Certification

President Joe Biden recently declared his support for the Equal Rights Amendment (ERA), emphasizing its significance in promoting gender equality under the Constitution. The ERA, first proposed in 1923 and passed by Congress in 1972, has been a topic of debate due to its prolonged ratification process. Although 38 states have now ratified the amendment, meeting the constitutional threshold, the timeline for ratification expired in 1982, creating legal uncertainty.

Despite Biden's acknowledgment that the ERA has effectively passed, he refrained from pushing for its formal certification. Certification would involve official recognition by the National Archivist, a step blocked by ongoing legal challenges and lack of Congressional action to remove the ratification deadline.

Proponents argue that certifying the ERA would solidify legal protections against gender-based discrimination. Critics, however, raise concerns about its legal standing and implications. Biden's stance reflects his commitment to equality while navigating the complexities of constitutional and political hurdles.

For the ERA to move forward, Congress may need to eliminate the ratification deadline or the courts might need to resolve the legal disputes. Until then, the fight for formal recognition of the ERA continues, highlighting the ongoing struggle for gender equality in the United States