The ERA at last!

There is always a flurry of activity in the last few weeks that a president is in office, with various declarations, awards, pardons/commutations, executive orders, rules, and other summations being offered and Joe Biden has been actively engaged in this.

On his last full day in office, I’d like to highlight one in particular, the declaration that the Equal Rights Amendment is the 28th Amendment to the United States Constitution.

I’ve been waiting for this for my entire adult life.

When Congress passed the Equal Rights Amendment in 1972, it put a time limit on its ratification by the states, 38 of which had to vote in their legislatures to reach the constitutionally required three-fourths of the states. However, this limit was not part of the amendment itself. In 2020, Virginia became the 38th state to ratify the ERA, so it should have been recognized and added to the Constitution at that time. Lawrence Tribe and Kathleen Sullivan explain all the legalities in this piece in The Contrarian.

Many legal scholars and organizations have been working on this issue. In particular, I would like to raise up Carrie Baker, a distinguished faculty member at my alma mater, Smith College, for her legal and journalistic skill in advocating for the ERA.

I have no doubt that there will be a flood of lawsuits, claiming that the Equal Rights Amendment is not in effect, either because of the original Congressional advisory deadline or because several states have said they want to rescind their ratification. However, states have never been allowed to rescind ratification and amendments remain open for ratification in perpetuity. For example, Mississippi did not ratify the 1865 13th Amendment abolishing slavery until 1995 and their vote wasn’t certified until 2013.

I hope that having the Equal Rights Amendment in the United States Constitution will help protect the rights of everyone, especially women and girls. This is especially important now when some states are denying health care to women and even trying to restrict their ability to travel.

When new democracies form around the world and the United States is assisting in writing constitutions, the US insists that equal rights for women be included. It’s fundamental to civil and human rights. I’m glad that it is now part of our Constitution, which should strike down discriminatory state laws. It will also align with many of our state constitutions that already include equal rights in regards to gender.

With so much else going on in the United States and the world right now, this momentous news has flown a bit under the radar. I’m hoping that it will be embraced and followed by all the people.

Its text is very simple. The 28th Amendment 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.

Yes!

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