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.
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.
