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Biden’s 28th Amendment: Equal Rights, History, and Trump’s Stance

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Understanding President Biden’s Support for the Equal Rights Amendment: What It Means for Americans

In a bold and historic statement, U.S. President Joe Biden declared the Equal Rights Amendment (ERA) "the law of the land" during a recent press briefing. This proclamation comes at a time of renewed interest and polarization around the topic of equal rights under the Constitution. For many Americans, both supporters and skeptics, this affirmation raises questions about the implications, hurdles, and cultural significance of the ERA.

What is the Equal Rights Amendment?

The ERA was proposed in 1923 and passed by Congress in 1972 with the intent to ensure that "equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." Supporters argue that this amendment is vital to protect against sexual discrimination and to bolster wage equality among genders, especially in an era where the pay gap remains a pressing issue.

Biden’s Historic Declaration

President Biden’s tweet on the matter sent a ripple through the political landscape, stating:

"The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex."

This statement signals a significant pivot in the conversation about the ERA, especially as it coincides with his impending transition to President-elect Donald Trump. In a follow-up to a journalist’s question, Biden explained that he had taken time to gather all facts before making his bold declaration, which has prompted mixed reactions from both sides of the aisle.

What are the Current Hurdles for the ERA?

Despite the enthusiasm expressed by the President, securing the ERA’s status as an official amendment remains complex. Here are key points to consider:

  • Ratification Timeline: The original deadline for ratification was set for 1982, by which time only 35 states had approved the amendment—three short of the required 38.
  • Recent Developments: In 2020, Virginia became the 38th state to ratify the amendment, yet the National Archivist has stated it cannot be certified due to "established legal, judicial and procedural decisions."
  • Political Opposition: The Trump administration issued a legal opinion asserting it was too late to renew efforts for the ERA, asserting any new amendment process would need to be restarted from scratch. In 2023, a Senate measure to remove the 1982 deadline failed, falling short of the necessary votes.
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Frequently Asked Questions about the Equal Rights Amendment

As the conversation continues, several questions arise regarding the amendment’s status and implications:

What Does the ERA Aim to Accomplish?

The ERA seeks to ensure that sex shall not be used as a basis for denying equal rights. It aims to strengthen legal protections against discrimination in various domains, including employment, education, and healthcare.

Is the ERA Still Relevant Today?

Absolutely. As of recent reports, women in the U.S. earned just 84 cents for every dollar a man earned in full-time roles, with figures even lower for women of color. This pay gap exemplifies the continued relevance of the ERA in advocating for gender equality.

What do Opponents Say?

Opponents argue that the deadline for ratification has passed and contend that such protections are already available through existing laws. They believe that further amendments could complicate current legal frameworks.

To further illustrate the importance of the ERA, consider the following statistics (Data from the Department of Labor):

Gender Median Earnings (2023) Earnings Compared to White Male
Overall Women $0.84 84 cents
Black Women $0.69 69 cents
White Women $0.78 78 cents

These figures highlight the persistence of wage disparities and underscore the necessity of stronger legal protections that the ERA aims to provide.

A Path Forward

While President Biden’s declaration sparks renewed hope among advocates for gender equality, the challenges remain formidable. It serves as a reminder that the fight for equal rights is far from over.

As Americans, it’s essential to engage with these issues thoughtfully and consider the implications of constitutional rights being safeguarded through a dedicated amendment. Advocates and citizens alike must continue to champion the cause, whether through grassroots movements, policy advocacy, or informed discussions.

Conclusion: Continuing the Dialogue

The discussion around the Equal Rights Amendment is as relevant now as it was a century ago. With President Biden’s recent statements adding momentum to the push for the ERA, the call for action and support has never been louder.

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Engage with your community, educate others about the importance of equality, and stay informed about ongoing discussions in Washington. The road ahead may be filled with hurdles, but every step taken towards gender equality brings us closer to a future where equal rights truly are the law of the land.


In a nation striving for inclusivity and fairness, the Equal Rights Amendment is a critical piece of the broader puzzle of equality. The real question remains: How will you contribute to this important cause?



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Becca Arnold

b.arnold@cardcelebrate.net

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