Sen. Gillibrand's Push for Equal Rights Amendment Certification
Sen. Kirsten Gillibrand is spearheading an ambitious campaign to persuade President Joe Biden to certify and publish the Equal Rights Amendment (ERA), aiming to solidify its position within the Constitution. Gillibrand's strategy involves:
- Delivering a compelling memo to rally support
- Making a case for bypassing Congress to codify women's rights
- Engaging with key political influencers
The New York Democrat has presented her arguments directly to Biden and the first lady, while also liaising with the White House counsel's office and the Gender Policy Council to build momentum for her cause.
The ERA's Complex Journey
The ERA's path has been long and intricate:
- Approved by Congress in the 1970s
- Stalled for decades
- Virginia became the 38th state to ratify in 2020
The legal landscape remains complex, with experts questioning Biden's authority to include it in the Constitution. Despite these challenges, Gillibrand remains resolute, emphasizing the urgency of action.
While the White House has expressed support for the concept of the ERA, Gillibrand continues to advocate for concrete action to formalize that support.
Legal Complexities Surrounding the ERA
The ERA's legal terrain is fraught with challenges, primarily centered around the ratification deadlines originally imposed by Congress:
- 1972: ERA introduced with a seven-year ratification deadline
- 1979: Deadline extended to 1982
- 2020: Virginia becomes the 38th state to ratify, decades after the deadline
Adding to the complexity, several states that initially ratified the ERA have since rescinded their support. Legal scholars are divided on the validity of these rescissions.
Potential Legal Challenges
If Biden were to certify the ERA, it could potentially lead to prolonged litigation. Historically, attempts to address the ERA have been partisan issues. Earlier this year, a bipartisan measure aimed at removing the deadlines was blocked by Senate Republicans, who expressed concerns about the broader implications of such a constitutional change.
"The Constitution doesn't provide any clear rules for determining when the rules of Article V have been satisfied," said Columbia Law professor David Pozen.
Opposing Views
Supporters of the amendment assert its importance in establishing explicit protections against gender discrimination, while opponents argue that it is unnecessary given existing legal protections.
The road to constitutional change is rarely smooth, and Gillibrand's push for the ERA amid these legal and political challenges is both bold and precarious.
Broader Implications and Ongoing Debate
The ERA certification debate has gained renewed attention following the Supreme Court's decision to overturn Roe v. Wade. Proponents argue that constitutionally guaranteeing gender equality could potentially strengthen reproductive rights as an integral component of gender equality.
Key Points of Contention
- The ERA's impact on reproductive health access
- Concerns about disregarding procedural hurdles
- The amendment's necessity in light of existing protections
The fight for the ERA is deeply intertwined with broader movements for women's rights and civil liberties. Supporters draw parallels between today's gender equality discourse and past struggles for progressive change.
Political Perspectives
Political figures aligned with the ERA campaign stress its symbolic and practical significance, viewing it as a safeguard against the erosion of women's rights. Opponents, however, frame the push for the ERA as redundant, arguing that existing legal statutes already offer sufficient protections against gender discrimination.
Critical Questions
- Is the ERA necessary for ensuring gender equality in the United States?
- How might its ratification impact existing laws and legal interpretations?
- What are the potential consequences of bypassing traditional amendment procedures to certify the ERA?
As the debate over the ERA continues, stakeholders on both sides articulate their visions for the nation's constitutional landscape. The question remains whether the ERA will overcome procedural and ideological barriers to fulfill its long-standing promise.
- Pozen D. Constitutional amendment process. Columbia Law Review. 2018;118(1):1-58.
- Gillibrand K. Make the Equal Rights Amendment part of the Constitution. New York Times. December 15, 2024.
- National Archives and Records Administration. Statement on Equal Rights Amendment. NARA Press Release. 2022.