Presidential Declaration and Activist Response
announced the Equal Rights Amendment (ERA) should be considered ratified, emphasizing a commitment to gender equality under the law, despite the amendment's ratification facing legal and procedural hurdles.
Activists, buoyed by Biden's statement, gathered outside the urging action, viewing the certification of the ERA as a significant step towards ensuring equal rights, particularly in the context of a forthcoming Republican presidency.
Legal Stance and Historical Context
The National Archives and legal authorities maintain that the ERA cannot be certified due to the expiration of the ratification deadline set by Congress, a position reaffirmed despite Biden's declaration.
The ERA, aimed at prohibiting gender-based discrimination, was initially sent for ratification in 1972, with Virginia's 2020 approval marking the 38th state to ratify. However, legal opinions argue that without an extension or removal of the ratification deadline, the amendment cannot be certified.