28th Amendment: Explore the history, recent developments, and legal challenges of the proposed 28th Amendment, aiming to enshrine the Equal Rights Amendment into the U.S. Constitution.
The 28th Amendment: A Comprehensive Analysis of Its Journey and Implications
The United States Constitution, a living document, has evolved through amendments to address the changing needs and values of society. The proposed 28th Amendment, aiming to enshrine the Equal Rights Amendment (ERA) into the Constitution, represents a significant stride toward gender equality. This article delves into the historical context, recent developments, legal challenges, and potential implications of the 28th Amendment.
Historical Context of the Equal Rights Amendment
The ERA was first introduced in 1923 by suffragist Alice Paul, intending to guarantee equal legal rights for all American citizens regardless of sex. After decades of advocacy, Congress passed the ERA in 1972, sending it to the states for ratification with an initial deadline of 1979, later extended to 1982. By the 1982 deadline, only 35 of the required 38 states had ratified the amendment, leaving it in limbo.
Renewed Efforts and Recent Developments
The 21st century witnessed a resurgence in efforts to ratify the ERA. Nevada ratified the amendment in 2017, followed by Illinois in 2018, and Virginia in 2020, bringing the total to the requisite 38 states. In January 2025, President Joe Biden declared that the ERA should be considered the 28th Amendment to the Constitution, stating, “It is long past time to recognize the will of the American people.”
Legal Challenges and Controversies
Despite reaching the threshold of state ratifications, the ERA faces significant legal hurdles. Critics argue that the original ratification deadline has long passed, and some states have attempted to rescind their ratifications. The National Archives has stated that the ERA “cannot be certified as part of the Constitution due to established legal, judicial, and procedural decisions.”
CNN International This stance underscores the complexity of the amendment process and the debates surrounding the ERA’s validity.
Implications of the 28th Amendment
If recognized, the 28th Amendment would have profound implications for gender equality in the United States. It would provide a constitutional guarantee against sex-based discrimination, influencing legislation and judicial decisions across various sectors, including employment, education, and reproductive rights. However, the amendment’s future remains uncertain, as legal battles are anticipated to resolve its status.
The Equal Rights Amendment: A Landmark Push for Gender Equality
The announcement by President Joe Biden declaring the Equal Rights Amendment (ERA) as ratified has reignited a decades-old debate over constitutional protections for gender equality in the United States. While this move is seen as a symbolic step forward, it also raises significant legal, political, and procedural questions. This article delves into the history, current developments, and future implications of the ERA, shedding light on its potential impact on reproductive rights and broader gender equity issues.
The Historical Journey of the ERA
The Equal Rights Amendment was first introduced in Congress in 1923 by Alice Paul, a leading suffragist. Designed to guarantee equal rights for all Americans regardless of sex, the amendment sought to address systemic gender disparities. However, it wasn’t until 1972 that Congress finally passed the ERA, sending it to the states for ratification.
For an amendment to be added to the Constitution, it requires the approval of three-quarters of the states, or 38 out of 50. Despite initial momentum, with 35 states ratifying the ERA by 1977, the process stalled. The primary obstacle was the congressionally imposed ratification deadline of 1982, which passed without the requisite number of states.
In the decades that followed, activists continued their efforts to revive the ERA. A breakthrough came in 2020 when Virginia became the 38th state to ratify the amendment. However, legal and procedural hurdles, including the expired deadline and the rescission of ratifications by five states, have kept the ERA in limbo.
Biden’s Declaration: A Bold Move
On January 19, 2025, President Joe Biden announced his opinion that the ERA is ratified, framing it as the 28th Amendment to the Constitution. “It is long past time to recognize the will of the American people,” Biden stated, emphasizing that the ERA guarantees equal rights and protections under the law regardless of sex.
Importantly, Biden’s announcement is not an executive action but a presidential opinion, aligning with the views of leading constitutional scholars and the American Bar Association. According to the Biden administration, the absence of a time limit in the text of the ERA renders the original deadline irrelevant. Additionally, the administration argues that states cannot rescind their ratifications once granted, further bolstering the case for the ERA’s validity.
Legal and Procedural Challenges
Despite Biden’s declaration, the road to full recognition of the ERA remains fraught with obstacles. The U.S. Department of Justice’s Office of Legal Counsel (OLC) has twice affirmed that the ratification deadlines are enforceable, and the Archivist of the United States, Dr. Colleen Shogan, has stated that the amendment cannot be certified as part of the Constitution without further legal clarity.
Legal experts are divided on whether the expired deadline can be overridden by Congress or ignored altogether. Some argue that constitutional amendments are bound by the conditions set forth at the time of their proposal, while others contend that the will of the states—as demonstrated by Virginia’s ratification—should prevail.
This debate is likely to culminate in a series of court battles, with federal courts ultimately tasked with interpreting the ERA’s status. Until then, the amendment’s fate hangs in the balance.
Implications for Reproductive Rights
One of the most contentious aspects of the ERA’s potential ratification is its impact on reproductive rights. The amendment’s language—guaranteeing equal rights under the law—could provide a constitutional basis for challenging laws that restrict access to abortion and other reproductive healthcare services.
In the aftermath of the Supreme Court’s 2022 decision to overturn Roe v. Wade, reproductive rights have become a focal point of the ERA debate. Supporters argue that enshrining gender equality in the Constitution would strengthen legal protections for women’s autonomy over their bodies. Opponents, however, caution that this interpretation could lead to sweeping changes in state and federal laws, fueling further polarization.
Congressional and Public Support
Senator Kirsten Gillibrand of New York has been a vocal advocate for the ERA’s certification, framing it as a means to codify women’s equality without requiring new legislation from a deeply divided Congress. In a memo to President Biden, Gillibrand highlighted the ERA’s potential to advance gender equity in areas ranging from workplace discrimination to domestic violence protections.
Public opinion appears to be largely supportive of the ERA, with polls consistently showing that a majority of Americans favor constitutional guarantees of gender equality. However, partisan divisions have slowed legislative efforts to address the amendment’s procedural hurdles. Republicans, in particular, have expressed concerns about the ERA’s potential impact on issues such as abortion and LGBTQ+ rights, complicating efforts to secure bipartisan support.
The Broader Context: Biden’s Final Days in Office
President Biden’s declaration on the ERA is part of a broader effort to cement his legacy in his final days in office. Alongside the ERA announcement, Biden has taken a series of executive actions, including clemency for nonviolent offenders, environmental protections, and student loan relief. These moves underscore his administration’s commitment to progressive policies, even as the incoming administration of President-elect Donald Trump promises to reverse many of Biden’s initiatives.
By positioning the ERA as a cornerstone of his legacy, Biden aims to elevate the issue of gender equality in the national discourse. However, the durability of this achievement depends on legal interpretations and the willingness of future administrations to uphold the amendment’s principles.
The Path Forward
The Equal Rights Amendment represents a critical step toward gender equality in the United States. Yet, its journey is far from over. Legal challenges, political divisions, and procedural uncertainties will shape the ERA’s future, determining whether it becomes a lasting feature of the Constitution or remains a symbolic milestone.
For advocates, the fight for the ERA underscores the broader struggle for women’s rights and social justice. As the nation grapples with these issues, the ERA serves as a reminder of the enduring quest for equality—and the challenges that come with enshrining it in law.
Conclusion
The journey of the 28th Amendment reflects the ongoing struggle for gender equality in the United States. While recent developments signify progress, the legal complexities highlight the challenges inherent in amending the Constitution. As the nation awaits judicial clarification, the discourse surrounding the ERA continues to shape the landscape of American civil rights. visit THENEWSIFY for more informations
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