With just a few days before President Joe Biden leaves office, more than 140 nonprofits are urging him to act on the Equal Rights Amendment. Passed by Congress in 1972 and ratified by 38 states by 2020, the ERA ensures constitutional gender equality.
Amy Widestrom, executive director of the League of Women Voters of Pennsylvania, said it prohibits discrimination based on sex, empowers Congress to enforce it, and takes effect two years after ratification.
“What we’re really advocating for is that because we’ve reached the three-quarters threshold of the states, that the archivist published the amendment. It’s met the constitutional requirements to become an amendment of the United States Constitution,” she explained.
Widestrom pointed out some people argue the ERA missed its congressional deadline, but legal scholars say the Constitution doesn’t allow or require such deadlines for amendments. They point to the 27th Amendment, introduced with the Bill of Rights and ratified centuries later, as proof deadlines are not binding.
Widestrom said the Constitution currently lacks a provision guaranteeing equal protection based on sex.
“Right now we rely on the 14th Amendment, which guarantees equal protection under the law, but it does not specify by sex. And there is a sitting Supreme Court justice that has said that he believes that the Constitution allows for sex discrimination. So it would be an important addition to the Constitution,” she continued.
Widestrom noted that during Donald Trump’s first presidency, he directed the archivist not to publish the ERA, creating a less supportive environment. With Biden rescinding that directive, she believes this is the best chance for ratification. She emphasized the importance of Pennsylvanians working with Congress and the White House to explore the best options for the ERA.
