Equal Rights Amendment Faces Uncertain Future Amid Legal Challenges

The Equal Rights Amendment (ERA), a century-old proposal aimed at ensuring gender equality, remains in legislative limbo despite recent political endorsement. President Joe Biden declared the ERA "the law of the land" on Friday, yet its constitutional status remains unresolved. The debate around the ERA, which began in 1923 and was passed by Congress in 1972, continues to be fraught with legal and procedural hurdles.

The ERA's primary provision states:

"Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." – The ERA

Under U.S. law, constitutional amendments require ratification by three-fourths, or 38 out of 50, state legislatures. Although the ERA achieved this milestone in 2020 with Virginia's ratification, it faced a significant setback. The National Archivist announced on December 17 that the ERA cannot be certified as part of the Constitution due to "established legal, judicial and procedural decisions."

Supporters of the ERA contend that it is a necessary measure to safeguard against sexual discrimination. They argue that the existing legal framework does not adequately protect women's rights and that incorporating the ERA into the Constitution would provide essential legal backing. In contrast, opponents maintain that the original deadline for ratification has passed and question the necessity of the amendment in today's context.

In 2023, the U.S. Senate voted 51-47 in favor of the ERA, falling nine votes short of the 60 required to overcome a filibuster. This outcome effectively blocked the ERA from being ratified into law, despite President Biden's proclamation. This legislative impasse underscores the contentious nature of amending the Constitution, particularly with regards to issues surrounding gender equality.

The ongoing debate occurs against a backdrop of persistent economic disparities. According to Department of Labor reports, women working full-time year-round jobs earned only 84 cents for every dollar earned by their male counterparts in 2023. This statistic highlights the continued relevance of discussions around gender equality and the potential role of the ERA in addressing such inequities.