- United States
- Letter
Certify the Equal Rights Amendment as 28th Amendment
To: Pres. Biden
From: A constituent in Alexandria, VA
December 20
The Equal Rights Amendment is a critical amendment to enshrine gender equality in the United States Constitution. Since 38 states have now ratified the amendment, meeting the required threshold, the President should direct the Archivist of the United States to certify the ERA as the 28th Amendment before leaving office. This would be a historic milestone in the long struggle for women's equal rights, remedying the absence of an explicit constitutional prohibition on sex discrimination. The path to the ERA's ratification has been protracted, spanning nearly a century since it was first introduced in Congress in 1923. Despite passing Congress in 1972 and receiving the initial support of 35 state legislatures by 1977, the ratification process stalled amidst controversy over Congress's extension of the original 7-year deadline. The recent ratifications by Nevada in 2017, Illinois in 2018, and Virginia in 2020 appear to satisfy the constitutional requirements, overcoming the ratification deadline dispute. While legal challenges persist regarding the validity of these latest state ratifications and previous attempted rescissions, the President can resolve this by recognizing the 38 state ratifications as meeting the constitutional criteria under Article V. Such an action would finally enact a long-overdue amendment prohibiting denial of rights on the basis of sex, bringing the United States in line with principles of equality already embraced by other nations. The Equal Rights Amendment's certification as the 28th Amendment would be a capstone achievement solidifying gender equality as a Constitutional guarantee. By taking this step before his term ends, the President can uphold America's founding ideals of equality and firmly establish equal rights regardless of sex. This historic act would stand as a powerful commitment to women's equality for generations to come.