MSNBC - After over 100 years since the birth of the E.R.A., legislators call on Biden to ratify it
The discussion centers on the ongoing efforts to ratify the Equal Rights Amendment (ERA) and the pressure on President Biden to certify it as the 28th Amendment to the U.S. Constitution. Over 120 House lawmakers are advocating for this action, which would enshrine gender equality in the Constitution. Legal challenges from Republicans are anticipated, but proponents argue that the deadline for ratification is unconstitutional and that the requirements for amendment have been met. The ERA would prohibit gender discrimination and bolster protections for abortion and LGBTQ rights. Critics argue that the amendment missed the ratification deadline, but supporters, including Congresswoman Jennifer McLennon, assert that the deadline is not constitutionally mandated. Public support for the ERA is strong, with a poll indicating that 78% of Americans believe it should be part of the Constitution. The movement sees bipartisan and multigenerational support, emphasizing the importance of preventing sex-based discrimination.
Key Points:
- Over 120 lawmakers urge President Biden to certify the ERA as the 28th Amendment.
- The ERA would ensure gender equality and prohibit discrimination based on sex.
- Legal challenges are expected, but proponents argue the ratification deadline is unconstitutional.
- 78% of Americans support the ERA being part of the Constitution.
- The movement has broad, bipartisan, and multigenerational support.
Details:
1. 🎭 The Power of Progress and Persuasion
- Progress is achievable but not guaranteed, emphasizing the importance of sustained effort and strategic planning.
- Successful progress often depends on external factors such as societal conditions, economic stability, and technological advancements.
- Historical examples demonstrate that progress can be disrupted by unforeseen events, requiring adaptability and resilience.
- To maximize the likelihood of progress, organizations and individuals should focus on innovation, flexibility, and collaboration.
- Concrete strategies for fostering progress include setting clear goals, continuously evaluating performance, and embracing change.
2. 🗳️ Lawmakers Rally for Equal Rights Amendment
- Over 120 House lawmakers are actively pressuring President Biden to take action on the Equal Rights Amendment (ERA).
- The ERA aims to guarantee equal legal rights for all American citizens regardless of sex, seeking to end the legal distinctions between men and women in terms of divorce, property, employment, and other matters.
- The amendment was first proposed in 1923 and passed by Congress in 1972, but it has not been ratified by enough states to be added to the Constitution.
- Lawmakers are urging the administration to recognize the ERA as the 28th Amendment, emphasizing its importance in promoting gender equality.
- Key advocates argue that the ERA would provide stronger legal grounds for fighting sex discrimination in courts, thereby significantly impacting women's rights.
- President Biden's administration has shown support for gender equality initiatives, but concrete steps regarding the ERA's adoption remain to be seen.
3. 📜 ERA: A Constitutional Milestone
- There is a significant movement urging the President to instruct the national archivist to certify the ERA as the 28th Amendment, which would explicitly enshrine gender equality in the Constitution.
- The ERA has been a topic of debate for decades, with its initial passage by Congress in 1972 and a requirement of 38 states for ratification.
- As of now, 38 states have ratified the ERA, but there is controversy regarding the validity of these ratifications due to deadlines and some states' rescindment.
- Recognizing the ERA as an amendment would have profound implications for gender equality, ensuring legal standards for equal rights regardless of sex.
- The certification would also address ongoing legal and societal challenges regarding gender discrimination, potentially influencing legislation and court rulings.
4. ⚖️ Legal Challenges and the Path Forward
4.1. Legal Challenges Faced by the Administration
4.2. Strategic Timing for Political Action
5. 👩⚖️ Presidential Legacy and Gender Equality
- President Biden's advocacy for the Equal Rights Amendment (ERA) aims to cement his legacy as a leader in women's equality, aligning with his historical actions like the Violence Against Women Act.
- The ERA's journey began nearly a century ago, aiming to guarantee equal rights regardless of sex, with Virginia becoming the 38th state to ratify it, fulfilling the requirement for constitutional amendment.
- Biden's push to publish the ERA would address longstanding gender disparities in the Constitution, marking a pivotal step in his administration's commitment to reproductive rights and gender equity.
- Historically, the ERA faced significant challenges, including extended ratification deadlines and political opposition, underscoring the significance of current efforts to enshrine it in the Constitution.
6. 🔗 Protecting Rights and Preventing Discrimination
- The amendment ensures equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex, directly impacting gender-based laws.
- It aims to act as a barrier against attacks on abortion rights, ensuring that restrictions cannot be imposed based on gender discrimination.
- The amendment includes women in the Constitution, addressing their historical exclusion and prohibiting any gender-based discrimination against anyone for any reason.
- It also seeks to protect LGBTQ rights by ensuring legal equality, making it harder for discriminatory laws to be upheld.
- By prohibiting gender discrimination, the amendment aims to create a legal framework that supports equal rights across various aspects of life, extending protections to all genders.
7. ⏳ Overcoming Ratification Hurdles
- The amendment faces legal challenges due to claims that it missed a congressionally mandated ratification deadline, causing critics to argue that not enough states ratified the amendment in time, potentially leading to legal failure.
- Criticism is largely based on an opinion from the Office of Legal Counsel, which some argue lacks binding authority, highlighting the debate over the legal interpretation of ratification deadlines.
- Advocates like Kierston Gillground argue that such deadlines are unconstitutional and unsupported by the Constitution, which does not authorize additional requirements on amendments beyond what is already specified.
- The issue presents a broader constitutional question about the legitimacy and binding nature of imposed deadlines on the amendment process.
- A historical perspective reveals that similar challenges have occurred in the past, where the interpretation of deadlines and constitutional requirements were debated.
8. 📚 Legal and Constitutional Debates
8.1. Amendment Ratification and Publication
8.2. Legal Challenges and Historical Context
9. 🤝 Nationwide Support for the 28th Amendment
- 78% of Americans believe the Equal Rights Amendment (E.R.A.) should be part of the United States Constitution, indicating strong public support.
- The E.R.A. enjoys broad bipartisan, gender, and generational support, suggesting a diverse coalition backing the amendment.
- Many Americans erroneously think the E.R.A. is already law, which underscores the need for increased public education and awareness.
- The E.R.A. aims to eliminate discrimination based on sex, a principle with significant backing from the public.
- The movement for the 28th Amendment is inspired by historical advocacy for gender equality, such as Abigail Adams' efforts, providing a rich historical context.