Equal Rights Amendment Becomes 28th Amendment: What You Need to Know

Today, President Joe Biden announced that the Equal Rights Amendment (ERA) has been recognized as the 28th Amendment to the U.S. Constitution, reinforcing the principle of gender equality under the law. Initially proposed in 1923, the amendment declares: “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.” This groundbreaking action marks the most crucial progress in women's rights since the 19th Amendment conferred the right to vote to women in 1920.

Here are five questions and information you need to know about ERA.

Who Does the ERA Protect?

The ERA safeguards all individuals who experience sex-based discrimination, encompassing women, men, and people of all genders, including those who are transgender. It also tackles discrimination based on sexual orientation, establishing a legal basis for contesting inequities throughout the gender spectrum.

What Will the ERA Achieve?

The ERA establishes a foundation for more robust federal laws and protections. It strengthens initiatives aimed at narrowing the gender wage gap, addressing pregnancy discrimination, and reinstating federal abortion rights that were previously eliminated. The ERA explicitly prohibits gender discrimination, thereby improving legal outcomes in court cases and enabling Congress to enact strong legislation that safeguards marginalized genders.

Is the ERA Permanent?

Indeed, the ERA has fulfilled all constitutional criteria and is now an enduring element of U.S. law. Although its legitimacy might encounter legal obstacles, the procedure for amending the Constitution—approved by Congress and 38 states—provides minimal opportunity for judicial intervention.

Are State ERAs Still Relevant?

Certainly, the federal ERA focuses on addressing sex-based discrimination, whereas 28 states have implemented their ERAs that encompass broader categories such as race, sexual orientation, and disability. The protections at the state level continue to be essential for tackling discrimination more comprehensively.

This move is a triumph for women, gender and human rights, years in the making. Acknowledging the ERA as the 28th Amendment marks the pinnacle of more than a hundred years of dedicated advocacy. It solidifies gender equality within the Constitution, guaranteeing protections for future generations and representing a notable achievement in the continuous struggle for equity.

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