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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.
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.
"Women continue to pay the price of the wars of men," said one U.N. official.
The proportion of women killed in wars doubled last year compared with 2022 figures, with women comprising 4 out of every 10 conflict zone deaths around the world, according to a report published Tuesday by the United Nations.
U.N. Women, the agency behind the report, also found that cases of conflict-related sexual violence verified by the world body increased by 50% in 2023.
"These increases in deaths during war and in violence against women are taking place against a backdrop of increasing blatant disregard of international law designed to protect women and children during war," U.N. Women said.
"For example," the agency continued, "women in war zones are also increasingly suffering from restricted access to healthcare. Every day, 500 women and girls in conflict-affected countries die from complications related to pregnancy and childbirth. By the end of 2023, 180 women were giving birth every day in war-torn Gaza—most without necessities or medical care."
Earlier this year, the U.N. Security Council released a report estimating that 33,433 civilians including at least 13,337 women were killed in conflict zones around the world in 2023, a 72% increase from the previous year.
The vast bulk of these deaths occurred in Gaza, from which Hamas launched the deadliest-ever attack on a single day against Israel on October 7, 2023. The report states Hamas militants killed at least 280 women that day while abducting at least 90 other women and 36 children. The publication does not say how many Israeli women or children were killed by so-called "friendly fire" that day or under Israel's Hannibal Directive, which authorizes fratricide to prevent Israelis from falling into enemy hands.
Since October 7, more than 152,000 Palestinians in Gaza have been killed or wounded, including more than 10,000 people who are missing and believed to be dead and buried beneath the rubble of hundreds of thousands of bombed-out buildings. According to Gaza and international officials, more than 5,000 women and 10,000 children were killed in the embattled coastal enclave between October 7 and the end of 2023.
Israel is on trial for alleged acts of genocide at the International Court of Justice over its conduct in Gaza.
The report details the dire situation in Sudan, "which already had one of the highest maternal mortality rates in the world before the outbreak of the armed conflict in April 2023," and where "2.64 million women and girls of reproductive age are now in need of urgent assistance, including 260,000 pregnant women."
"Amid reports of widespread sexual violence, most victims were unable to access the necessary medical care during the first 72 hours after being raped, including post-exposure prophylaxis or emergency contraception, and the United Nations received reports of victims of rape having been denied an abortion because it was outside of the timeline allowed for by law," the publication notes.
The new report also notes "a lack of overall progress on women's full, equal, and meaningful participation in peace processes."
"Preliminary data from the analysis of over 50 processes indicate that in 2023, on average, women made up only 9.6% of negotiators, 13.7% of mediators, and 26.6% of signatories to peace agreements and cease-fire agreements," the publication states. "The data show little progress over the past decade. None of the peace agreements reached in 2023 included a women's group or representative as a signatory."
U.N. Women Executive Director Sima Bahous lamented that "women continue to pay the price of the wars of men."
"This is happening in the context of a larger war on women," she continued. "The deliberate targeting of women's rights is not unique to conflict-affected countries but is even more lethal in those settings."
"We are witnessing the weaponization of gender equality on many fronts," Bahous added. "If we do not stand up and demand change, the consequences will be felt for decades, and peace will remain elusive."
"An 'equality paradise' should not have a 21% wage gap and 40% of women experiencing gender-based or sexual violence in their lifetime," said one organizer.
Schools, health systems, and television broadcasters in Iceland were among the businesses that said they would have to close or reduce services on Tuesday due to the country's first full-day women's strike in nearly 50 years—potentially helping to prove the point that tens of thousands of women and non-binary workers are hoping to make by demonstrating that their labor is vital and must be paid accordingly.
Prime Minister Katrín Jakobsdóttir is among the women taking part in the "kvennafrí," or "women's day off," and told reporters she expects women in her cabinet to strike as well, as organizers push to close Iceland's gender pay gap and end gender-based violence.
While Iceland has been recognized for 14 straight years as having the smallest gap in gender equality among the countries in the World Economic Forum's annual rankings, strike organizer Freyja Steingrímsdóttir toldThe Guardian it is hardly an "equality paradise," and women are demanding greater action from the government to ensure true parity.
On average, Icelandic women still earn about 10% less than men, and as much as 21% less in some professions. Forty percent of women report experiencing gender-based violence.
"An 'equality paradise' should not have a 21% wage gap and 40% of women experiencing gender-based or sexual violence in their lifetime," said Steingrímsdóttir, communications director for the Icelandic Federation for Public Workers. "That's not what women around the world are striving for."
Taking place 48 years after the last full-day women's strike, in which 25,000 people rallied in Reykjavík and 90% of women staged a work stoppage affecting paid and unpaid labor, this year's protest has adopted the slogan, "Kallarðu þetta jafnrétti?" or "You call this equality?"
Icelandic President Gudni Th. Johannesson expressed his support for the strike, saying women's "activism for equality has changed Icelandic society for the better and continues to do so today."
The country's trade unions—which count 90% of Icelandic workers as members—are key organizers of the action and are calling on women and nonbinary workers to join the strike.
The 1975 action was tied to passage of an equal rights law the following year and the election of the country's first female president—the first woman to be democratically elected president in any country—in 1980. Other successes have followed in recent years, such as the passage of a law that requires some companies to prove they're paying people of different genders equally for equal work.
Former Climate Minister Kolbrún Halldórsdóttir toldThe Guardian that men continue to fail to take responsibility for domestic labor, leaving unpaid work such as childcare to women who are also attempting to succeed in the workplace.
"If you look at it economically women seem to be punished for taking these extra burdens, which is not righteous," Halldórsdóttir told the outlet. "It's something that we need to look into and need to change."
Organizers are calling for the wages of workers in female-dominated professions to be made public and for the federal government to take greater action against gender-based violence, ensuring perpetrators are held accountable. One 2018 University of Iceland study found that only 12% of survivors of sexual assault press charges, and those who do have their cases dismissed nearly 75% of the time. Women told researchers they feared the "shame, guilt, and condemnation" that would come with having their cases tried in the justice system.
"We are now trying to connect the dots, saying that violence against women and undervalued work of women in the labor market are two sides of the same coin and have an effect on each other," Drífa Snædal, spokesperson for Stígamót, an anti-sexual violence group, told The Guardian.
Kate Jarman, a director of corporate affairs at a National Health Service hospital in the United Kingdom, said a similar women's strike in the U.K. would force numerous workplaces with majority-female staff to "recognize our worth."
The Left in the European Parliament also expressed support for the action.
"Solidarity with the strikers," the progressive political party said.