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equal rights amendment
More Than 120 House Democrats Call On Biden to Ratify ERA
"Solidifying your legacy on equal rights with a final action on the ERA would be a defining moment for the historic Biden-Harris administration and your presidency," said the lawmakers.
Dec 16, 2024
With weeks to go until President-elect Donald Trump is set to take office with a Republican trifecta in the White House, Senate, and House of Representatives, more that 120 Democratic lawmakers on Sunday called on President Joe Biden to take a crucial step toward protecting millions of Americans from Trump's far-right MAGA agenda by ratifying the Equal Rights Amendment.
The ERA was passed by Congress in 1972, and met the requirement for it to be ratified by three-fourths of U.S. states in 2020, when Virginia became the 38th state to ratify the amendment.
Yet during his first term, Trump and the Republican party blocked the implementation of the ERA, claiming that since nearly 50 years passed in between the amendment's passage and the meeting of the ratification requirement, the threshold was not achieved by the deadline set by Congress.
"No Republican would care about" the deadline, said journalist Emma Vigeland, "if roles were reversed."
Citing the U.S. Code, Reps. Ayanna Pressley (D-Mass.) and Cori Bush (D-Mo.)—co-chairs of the Congressional Caucus for the Equal Rights Amendment—led their colleagues in telling Biden that the national Archivist, Colleen Shogan, is required to certify an amendment "when the National Archives and Records Administration receives official notice that a proposed amendment to the Constitution has been approved by enough states."
All Biden has to do to ratify the amendment, which would explicitly outlaw sex and gender discrimination, is direct Shogan to publish the ERA, said the lawmakers.
"Solidifying your legacy on equal rights with a final action on the ERA would be a defining moment for the historic Biden-Harris administration and your presidency," wrote the representatives, including Reps. Alexandria Ocasio-Cortez (D-N.Y.), Maxwell Alejandro Frost (D-Fla.), and James McGovern (D-Mass.).
Earlier this month, 46 U.S. senators joined the call for Biden to ratify the ERA.
As Trump has bragged about his hand in the U.S. Supreme Court's overturning of Roe v. Wade and Republicans have advocated for a national abortion ban, reproductive right advocates have said that after being officially added to the U.S. Constitution, the ERA could be invoked by judges to overturn anti-abortion laws.
In Utah, a state-level ERA was invoked in September to place an abortion ban on hold.
"A constitutional guarantee against sex discrimination would strengthen the protection of reproductive rights, ensuring that people have the right to make decisions about their own bodies without political interference or unequal treatment," wrote the lawmakers.
The signatories noted that portions of the Civil Rights Act and Education Amendments protect people from government-based sex discrimination, but gender equality is still "vulnerable to changes in the political landscape, judicial interpretations, and shifts in public opinion" because the Constitution does not explicitly protect it.
"By adding the ERA to the Constitution, it would establish an unambiguous guarantee that sex-based discrimination is unconstitutional," wrote the lawmakers. "The ERA would help eliminate gender-based pay gaps, improve workplace protections, and ensure that gender biases no longer affect hiring, promotions, or job security. With the ERA enshrined in the Constitution, people who experience sex-based discrimination would have a clearer legal path to challenge discriminatory laws or policies. California's state ERA did just that, securing protections for women in the workforce and ensuring equal treatment in education and healthcare."
By directing Shogan to ratify and publish the ERA, they added, Biden would be throwing his unequivocal support behind an amendment supported by 78% of Americans, according to a 2020 Pew Research Center poll.
Biden said on August 26, Women's Equality Day, that he has "long supported the ERA" and called on Congress "to act swiftly to recognize ratification of the ERA and affirm the fundamental truth that all Americans should have equal rights and protections under the law."
But by simply "directing the archivist to publish the ERA," said the lawmakers, Biden would "leave an indelible mark on the history of
this nation, demonstrating once again that your legacy is one of expanding rights, protecting freedoms, and securing a more inclusive future for all Americans. We urge you to take this final, transformative step toward ensuring the full promise of equality for every person in the United States."
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Certify the ERA: Biden’s Historic Chance to Cement Gender Equality in the Constitution
Recognizing the ERA honors the constitutional amendment process and sets a precedent for advancing democratic principles. By certifying it, President Biden would reaffirm the Constitution as a living document.
Dec 07, 2024
For a century, the Equal Rights Amendment—or ERA—has symbolized hope and justice. Drafted in 1923, the ERA declares, “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” Approved by Congress in 1972 and ratified by the requisite three-fourths of states—culminating with Virginia in 2020—it has met all constitutional requirements to become the 28th Amendment. Yet its certification has been unjustly delayed.
President Donald Trump ignored it, and President Joe Biden now has the opportunity to address this injustice and reaffirm his commitment to equality and the rule of law by giving notice of its passage to National Archivist Colleen Shogan to publish the ERA.
The Constitution evolves to reflect America’s progress and values. Certifying the ERA would mark a historic step in rectifying the foundational omission of gender equality. Opponents argue that Congress’ seven-year ratification deadline and rescissions by six states invalidate the ERA. However, the American Bar Association (ABA), representing over 400,000 legal professionals, rejected these claims in a 2023 resolution. The ABA asserts that Article V of the Constitution prohibits Congress from imposing deadlines or states from revoking ratifications.
The Equal Rights Amendment is more than legislation—it promises that America values all citizens equally.
Recognizing the ERA honors the constitutional amendment process and sets a precedent for advancing democratic principles. By certifying it, President Biden would reaffirm the Constitution as a living document and uphold the rule of law.
Although the United States is seen as a global leader, it lags behind 76% of countries that guarantee gender equality in their constitutions. Enshrining the ERA would signal America’s commitment to justice and human rights. A 2016 ERA Coalition survey found that 94% of Americans support a constitutional amendment ensuring gender equality, highlighting the widespread public mandate for this change.
President Biden has long championed equality, from his work on the Violence Against Women Act to advancing gender equity through executive actions. Certifying the ERA would cement his legacy as a president who expanded civil rights and upheld fundamental freedoms.
Current federal and state laws against sex discrimination are inconsistent and subject to change. Recent Supreme Court decisions embracing originalism threaten decades of progress in gender equality. By enshrining the ERA in the Constitution, President Biden can ensure permanent protections that surpass the vulnerabilities of statutory laws.
Certification would fortify gender equality as an unassailable right and inspire progress in other areas of civil rights. The ERA offers a foundation for broader justice, creating a ripple effect across communities.
Current federal and state laws addressing gender discrimination, pay disparities, violence against women, and discrimination against pregnant individuals are inconsistent and vulnerable to shifts in political and judicial interpretation, with recent Supreme Court decisions embracing originalism threatening decades of progress. By certifying the Equal Rights Amendment (ERA) as part of the Constitution, President Biden can establish permanent, unassailable protections against such injustices, ensuring that gender equality is enshrined at the highest legal level. This action would safeguard the progress made and provide a foundation for advancing broader civil rights, creating a ripple effect of justice and equity across communities.
The Equal Rights Amendment is more than legislation—it promises that America values all citizens equally. As we celebrate 100 years since its inception, the time has come to fulfill that promise. The ERA has met all constitutional requirements, and the American people overwhelmingly support its inclusion in the Constitution.
President Biden must seize this moment to notify the National Archivist, ensuring the ERA’s certification as the 28th Amendment. This is not just a legal or political issue but a moral imperative. Certifying the ERA would reaffirm America’s dedication to equality, justice, and the rule of law.
By taking this bold step, President Biden would inspire future generations, honor those who fought tirelessly for equality, and secure a brighter, fairer future for all. Let this act of leadership define his presidency and the nation’s commitment to its highest ideals.
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46 Senators Call on Biden to Certify Equal Rights Amendment as GOP Control Looms
"There is no excuse for leaving us all unprotected," said one advocate.
Dec 03, 2024
Emphasizing that the Equal Rights Amendment is the only proposed constitutional amendment that has yet to be certified, 46 U.S. senators have joined the growing national call for President Joe Biden to ensure the proposed statute is part of the Constitution when he leaves office in January.
Reporting on the letter on Tuesday, the Virginia-based publication Style Weekly noted that the state's two Democratic senators—Sens. Mark Warner and Tim Kaine—joined almost the entire Democratic caucus in sending the letter to Biden on November 22. Independent Sens. Angus King of Maine and Bernie Sanders of Vermont signed the letter, but Sen. Joe Manchin (I-W.Va.), who also caucuses with the Democrats, did not.
The ERA was passed by Congress in 1972, and was immediately ratified by 35 states. It took nearly five decades for the amendment to be ratified by three-fourths of U.S. state legislatures, with Virginia becoming the 38th state to ratify it in 2020.
Despite the amendment meeting the ratification requirements, Biden has yet to direct the national archivist, Colleen Shogan, to certify the ERA and publish it in the Federal Register, which would formally cement it as part of the U.S. Constitution.
Once published, the amendment would guarantee legal equality between men and women, and reproductive rights advocates have said it could be invoked by judges to overturn anti-abortion rights laws that have been passed by Republican-controlled state legislatures across the country—an urgent issue as President-elect Donald Trump's second term in office with a GOP-controlled Congress draws near.
"As you are keenly aware," wrote the senators, "after nearly 50 years under the protections of Roe, more than half of all Americans have seen their rights come under attack, with access to abortion care and lifesaving healthcare varying from state to state. A federal solution is needed, and the ERA is the strongest tool to ensure equality and protect these rights for everyone. It would establish the premise that sex-based distinctions in access to reproductive care are unconstitutional, and therefore that abortion bans—which single out women for unfair denial of medical treatment based on sex—violate a constitutional right to sex equality."
The senators noted that state-level equal rights amendments have already been used in Connecticut, New Mexico, Pennsylvania, Utah, and Nevada to protect against "legislative infringements on women's reproductive freedom."
The letter was reported ahead of a virtual town hall scheduled for Tuesday at 7:00 pm ET, when Sen. Kirsten Gillibrand (D-N.Y.) is scheduled to speak about the ERA.
The town hall was organized by the Biden Publish the ERA Alliance, which consists of 20 non-partisan advocacy groups including Doctors for America, Free Speech for People, and the League of Women Voters.
Organizers are also planning rallies in Washington, D.C. on Wednesday and next week.
Kati Hornung, co-founder of Vote Equality U.S. and a leader in the grassroots effort that pushed Virginia to ratify the ERA, told Style Weekly that Biden "campaigned on fixing our constitutional gender equality gap and his campaign even requested to speak at a VAratifyERA event in 2019."
"He is running out of time to tell the national archivist, Colleen Shogan, to do her job," she said. "One hundred seventy million women and girls have been waiting 101 years for this amendment to be added and with the increased threats to our LGBTQIA+ family and friends, there is no excuse for leaving us all unprotected."
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