In a significant declaration before leaving office, President Joe Biden has announced that the Equal Rights Amendment (ERA) has been ratified, claiming constitutional protections for women. This proclamation has reignited discussions around women’s rights amid recent legal changes. While advocates celebrate this move as a crucial moment, experts caution about the legal complications it may bring. The journey of the ERA, originally passed in 1972, has been fraught with challenges. The coming months will likely see renewed debates and advocacy as supporters aim to clarify women’s rights at a constitutional level.
In a bold move just before leaving office, President Joe Biden has declared that the **Equal Rights Amendment (ERA)** has been ratified, claiming it now offers **constitutional protections** for women. This significant announcement has reignited discussions about women’s rights, particularly in the wake of recent legal changes regarding reproductive freedoms.
The ERA, which was passed by Congress back in **1972**, aims to ensure that women have the same legal rights as men under the Constitution. Collectively, it requires ratification from three-quarters of the states—**38** in total. Fast forward to **2020**, and Virginia became the **38th state** to ratify the amendment, although the road to this achievement was anything but smooth. After years of seemingly going nowhere, the amendment suddenly found renewed interest and support.
However, not everyone is convinced. Legal scholars are raising eyebrows over the fact that some **states have retracted** their approval and that there were originally **deadlines** for the ratification process that many believe have expired. The **U.S. Archivist**, Dr. Colleen Shogan, has stated that the amendment “cannot be certified as part of the Constitution,” pointing to past decisions that could keep the ERA in legal limbo.
The **National Archives** reaffirms that the existing legal frameworks surrounding the amendment haven’t changed, indicating that it will require either further congressional action or court rulings to truly change the landscape for the ERA. Discussions around the amendment are also intensified by recent legal actions affecting women’s rights following the Supreme Court’s decision on Roe v. Wade. Lawmakers like Senator Kirsten Gillibrand view the ratification of the ERA as a necessary step to safeguard against potential future rollbacks of women’s rights.
As Biden inches toward the transition back to former President Donald Trump’s administration, his team is pushing various **executive actions**, attempting to leave a lasting legacy. This includes not just the ERA discussion but also initiatives like commuting sentences for nonviolent offenders and making strides toward environmental protections.
Biden’s opinion on the ERA is likely to stir further **debates** in Congress and the courts about gender-based discrimination and what this might mean for the rights of women across the country. The amendment had previously passed with overwhelming support in both chambers of Congress—354 to 24 in the House and 84 to 8 in the Senate—but its actual path to becoming part of the Constitution was mired in delays.
It’s clear that Biden’s announcement has kicked off a complex conversation surrounding the **Equal Rights Amendment** and the broader issue of gender equality in the United States. The coming months will likely see legal challenges and renewed advocacy efforts as supporters push to clarify and secure women’s rights at a constitutional level. The **national dialogue** has only just begun, fueling hope and uncertainty around the future of the ERA and the rights it represents.
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