Certify the ERA: Biden’s Historic Chance to Cement Gender Equality in the Constitution
A Historic Opportunity for Gender Equality
As the debate over gender equality continues to evolve in the United States, the certification of the Equal Rights Amendment (ERA) as the 28th Amendment to the Constitution is gaining renewed attention. After a century-long journey, this amendment, originally drafted in 1923, aims to ensure that “equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex.” Now, with the necessary three-fourths of states ratifying the amendment—Virginia being the last in 2020—the pressing question remains: will President Joe Biden seize this historic opportunity to cement gender equality in the nation’s foundational document?
Understanding the ERA and Its Journey
The ERA’s journey has been long and fraught with challenges. First introduced in Congress nearly 100 years ago, it wasn’t until 1972 that it was approved. Over the decades, the momentum for ratification ebbed and flowed, culminating in Virginia’s ratification in 2020, which met the constitutional requirement. However, procedural obstacles, such as Congress’ seven-year ratification deadline and rescission attempts by six states, have led to debates about its current validity.
Despite these challenges, the American Bar Association—representing over 400,000 legal professionals—argues that these deadlines and rescissions are not constitutionally valid. Their stance provides a robust legal framework supporting President Biden’s potential decision to notify the National Archivist to recognize the ERA officially, thus making it the 28th Amendment.
Local Impact: Resonating Beyond Legal Circles
The potential certification of the ERA carries significant local impact, touching communities nationwide. In areas such as the progressive boroughs around Washington D.C., this step would demonstrate a strong governmental commitment to gender equality. Juli Briskman, an Algonkian District Supervisor in Loudoun County, Virginia, emphasized the symbolic power of the ERA, stating, “It’s a statement that our nation values equality, and it’s time we recognize that at the highest level.”
Local grassroots organizations, like the National Organization for Women, have long championed the ERA, underscoring its importance not just as a legal guarantee but as a moral and societal commitment to gender equity.
Aligning with Global Standards
Certifying the ERA would align the U.S. with the 76% of countries that already have constitutional provisions guaranteeing gender equality. This move would not only reflect the widespread public support—evidenced by a 2016 survey indicating that 94% of Americans back constitutional gender equality—but also enhance the nation’s global standing as a leader in human rights and justice.
The Local Connection: Ongoing Struggles
In many communities, particularly those with strong advocacy backgrounds like Richmond, Virginia—the state that provided the decisive ratification—the fight for gender equality has deep roots. These communities have seen firsthand the impact of inconsistent laws regarding gender discrimination, with recent judicial decisions posing potential threats to prior advancements.
Local resident and gender rights activist, Shannon Fisher, said, “Certifying the ERA would be a powerful reaffirmation of the progress we’ve battled for in places like Richmond. It’s a message to all women and gender minorities that their rights are fundamentally protected.”
Balancing Perspectives: Voices of Concern and Support
While the ERA has substantial backing, it is not without its critics. Some argue that the amendment is redundant due to existing laws like the Civil Rights Act. Others express concerns about potential reinterpretations affecting issues such as abortion rights. These dissenting viewpoints highlight the complexities of constitutional amendments and the broad spectrum of implications they carry.
However, the supporters, including President Biden, have a compelling argument: the amendment offers a robust constitutional guarantee against the ebb and flow of political and judicial opinions. President Biden has a history of supporting equality measures, having worked on the Violence Against Women Act and other efforts to promote gender equity. Thus, certifying the ERA would solidify his legacy as a president committed to expanding civil rights.
Looking Ahead: Future Implications
If President Biden decides to move forward with certifying the ERA, the tangible benefits could ripple through communities across the nation. Gender discrimination in workplaces, pay disparities, and violence against women may be addressed more consistently and comprehensively. This decision could also serve as a catalyst for further civil rights reforms, inspiring future generations to pursue similar advancements.
Communities are encouraged to stay informed and engage with local representatives about the amendment’s implications. For those seeking more information, local advocacy groups such as the National Women’s Law Center offer resources and legal guidance regarding gender-related inquiries and rights under the ERA.
In conclusion, recognizing the Equal Rights Amendment as the 28th Amendment to the Constitution presents a historic chance for the United States to reaffirm its commitment to gender equality. This decision has the potential to impact not only legal precedents but also societal attitudes regarding equity and justice, reflecting the evolving values and aspirations of communities nationwide. For residents in Virginia, and indeed across the country, the certification of the ERA would symbolize a significant stride towards fulfilling a long-overdue promise of equality enshrined in the nation’s most revered document.
