Quick summary:
• More than 120 House Democrats are urging President Joe Biden to ratify the Equal Rights Amendment (ERA), which would explicitly ban sex and gender discrimination in the Constitution.
• The ERA, passed by Congress in 1972, met the required 38-state ratification threshold in 2020 but was blocked during Trump’s administration over claims of missed deadlines.
• Lawmakers argue Biden can direct National Archivist Colleen Shogan to certify the ERA, fulfilling legal requirements and bypassing congressional delays.
• The ERA would strengthen protections for reproductive rights, LGBTQ+ rights, and workplace equality, shielding them from political shifts and judicial rollbacks.
• Recent examples, like Utah’s state-level ERA halting an abortion ban, show how constitutional equality protections can be legally impactful.
• A 2020 Pew poll found 78 percent of Americans support the ERA, underscoring widespread public backing for its ratification.
• Lawmakers say ratifying the ERA would cement Biden’s legacy as a champion of equal rights and a defender against rising far-right threats.
More than 120 House Democrats are calling on President Joe Biden to ratify the Equal Rights Amendment (ERA), urging immediate action to secure constitutional protection against sex and gender discrimination. The ERA, passed by Congress in 1972, finally reached the required threshold of three-fourths of U.S. states when Virginia became the 38th state to ratify it in 2020. Yet implementation stalled under former President Donald Trump, whose administration argued that too much time had elapsed since the amendment’s initial passage, rendering the ratification effort invalid.
Democrats see this as a political maneuver rather than a genuine legal barrier. “No Republican would care about” the deadline, said journalist Emma Vigeland, “if roles were reversed.” Now, with Trump poised to return to power alongside a Republican trifecta in the White House, Senate, and House, the Democrats who signed the letter to Biden believe there is no time to waste.
Led by Reps. Ayanna Pressley (D-Mass.) and Cori Bush (D-Mo.), co-chairs of the Congressional Caucus for the Equal Rights Amendment, the lawmakers stress that the U.S. Code requires the Archivist, Colleen Shogan, to certify an amendment once enough states have ratified it. Biden’s directive for the Archivist to publish the ERA would fulfill this requirement and end decades of uncertainty. “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.).
They note that 46 U.S. senators have also joined in calling for Biden to ratify the ERA. The lawmakers argue that adding explicit constitutional language against sex-based discrimination is not merely a symbolic gesture. It would have tangible effects on issues like reproductive rights, pay equity, and protections for LGBTQ+ communities—areas they say will come under renewed threat if Trump’s far-right agenda regains prominence.
“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. They cite recent developments that make these protections essential. The overturning of Roe v. Wade and efforts by Republicans to enact a national abortion ban underscore how vulnerable reproductive freedoms have become. In Utah, a state-level ERA was successfully invoked to place an abortion ban on hold, demonstrating how constitutional equality protections can serve as a powerful legal tool.
Advocates believe that the ERA would not only safeguard reproductive and LGBTQ+ rights but also address enduring inequalities in the workplace and broader society. “By adding the ERA to the Constitution, it would establish an unambiguous guarantee that sex-based discrimination is unconstitutional,” wrote the lawmakers. They point to protections secured in places like California, where a state-level ERA helped secure stronger workplace and educational safeguards for women and gender minorities.
Support for the ERA is broad and bipartisan among the American public. A 2020 Pew Research Center poll found that 78 percent of Americans favor the amendment’s ratification. The lawmakers emphasize that the ERA’s addition would ensure a stable legal foundation for gender equality, making these rights less susceptible to shifts in the political landscape or judicial interpretation. Without explicit constitutional language, they warn, existing protections can be chipped away over time.
Biden, who signaled support on August 26, Women’s Equality Day, has “long supported the ERA” and previously 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.” While these statements demonstrate the President’s backing, the House Democrats now argue he can achieve this legacy-defining moment without further congressional action. By simply directing Archivist Shogan to publish the ERA, Biden would send a powerful message that equality under the law cannot be subject to partisan manipulation or arbitrary deadlines.
As the Democrats’ letter suggests, this step would be more than a policy move; it would be a decisive stand for human rights and an enduring commitment to equal treatment. With the specter of Trump’s influence looming large, finalizing the ERA now would secure a valuable constitutional shield against the rollback of protections that American women, LGBTQ+ individuals, and other marginalized groups have fought generations to achieve.
“By directing the archivist to publish the ERA,” the lawmakers stated, 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.”
To find and contact your local Senator to express support for the Equal Rights Amendment, click here.
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