‘The ERA Is A Valid Part of Our Constitution’: Biden’s Declaration Aims to Enshrine Women’s Rights
Outgoing president made bombshell announcement just days before leaving office
President Biden’s last-minute declaration that the Equal Rights Amendment (ERA) to the Constitution is “the law of the land,” is valid under the law, according to prominent proponents and a legal expert on the matter.
Biden made the surprise announcement Friday, sparking intense debate but giving fresh hope to those Americans who want equal protection for women enshrined in the US Constitution.
Following the November elections, ERA advocates like Sen Kirsten Gillibrand (D-NY) have been lobbying Biden to make such a move before he leaves office Monday.
Gillibrand and others seemed to hit a road block last month when the national archivist said she would refuse to certify the amendment, first introduced more than a century ago. The ERA would explicitly prohibit discrimination on the basis of sex.
Gillibrand cited historical constitutional precedent to argue the validity of Biden’s declaration.
“President Biden’s official notice to the nation today follows clearly established precedent dating back to President [John] Adams in 1798. The ERA is a valid part of our Constitution,” she posted on social media, citing an article about the 11th Amendment that “Official announcement of ratification was not made until January 8, 1798, when President John Adams in a message to Congress stated that the Eleventh Amendment had been adopted by three-fourths of the states and that it may now be deemed to be a part of the Constitution.”
Kate Kelly, a lawyer and expert on the ERA, also argued that the authority of Biden’s declaration is paramount.
“The Archivist has no constitutional or legal role in the amending process. She does NOT get to decide what is or is not in the U.S. Constitution,” she posted on social media. “Her boss (the President of the United States) has spoken for his Administration. That's it. The ERA is in! This is a victory.”
Author of the book, Ordinary Equality: The Fearless Women and Queer People Who Shaped the U.S. Constitution and the Equal Rights Amendment, Kelly added that successfully amending the US Constitution always is a contentious process.
“That's what this process looks like. That's how it has always gone,” she said. “Changing the Constitution is messy. I'm sorry. It just is.”
Republicans argue that they actually support women, so declining to fight Biden’s declaration in court would help bolster their position, according to one local Democratic Party leader.
“The GOP says they don’t hate women. Well, here’s their chance to prove it. Biden just announced that the Equal Rights Amendment has been ratified and is the 28th amendment,” Skyler Johnson, chair of Suffolk Young Democrats on Long Island, NY, posted on social media. “The GOP can do the right thing for once and let this historic amendment stand without a court challenge.”
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