In a major move that could reshape gender equality in America, President Joe Biden recently declared the Equal Rights Amendment (ERA) as law. This has set off a storm of reactions—some celebrating, some worrying, and many questioning what this actually means for women’s rights and, more controversially, abortion laws.
But before we get into the heated debates, let’s break down what the ERA is, why it has taken nearly a century to get here, and what Biden’s announcement could mean for everyday Americans.
The Equal Rights Amendment: A Battle Almost 100 Years in the Making
The ERA was first proposed in 1923—yes, a full century ago—with a simple but powerful statement:
“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 sounded like common sense to many, but the road to ratification was anything but smooth.
By 1972, Congress finally passed the amendment, but a constitutional amendment needs ratification from 38 states to become law. The ERA stalled after only 35 states ratified it by the deadline in 1982. Fast forward to the 2010s, and Nevada (2017), Illinois (2018), and Virginia (2020) finally pushed the total to 38 states.
So, does that mean the ERA is officially part of the U.S. Constitution? Well, not so fast. The deadline to ratify it expired decades ago, leading to legal disputes about whether it still counts. Biden’s recent declaration attempts to settle that argument, but courts and lawmakers may have the final say.
How the ERA Could Change Gender Equality Laws
If the ERA is fully recognized, it could strengthen laws protecting women against discrimination in many areas, including:
- Workplace Rights – Closing loopholes that allow pay disparities and hiring discrimination.
- Education – Ensuring equal opportunities in schools and sports.
- Legal Protections – Providing a stronger foundation for challenging gender-based violence and harassment.
Imagine a world where any policy disadvantaging women could be struck down simply by citing the U.S. Constitution. That’s what the ERA could bring—a permanent legal shield against gender-based inequality.
For women in the workforce, it could mean no more pay gaps, no more “glass ceilings,” and stronger legal backing in cases of sexual harassment or pregnancy discrimination.
But the real battleground? Abortion rights.
Could the ERA Protect Abortion Rights?
This is where things get messy.
Supporters argue that reproductive rights are a fundamental part of gender equality. If men don’t face government restrictions on their bodies, why should women? The ERA could provide a constitutional basis for abortion rights, making it easier to challenge restrictive state laws.
Since the Supreme Court overturned Roe v. Wade in 2022, many states have moved to ban or severely restrict abortion access. If the ERA is recognized, these laws could be challenged as unconstitutional, giving pro-choice advocates a new legal weapon in their fight.
But pro-life groups see this as a direct attack on their efforts. They argue that the ERA is being used as a backdoor way to reintroduce Roe v. Wade protections. Many Republican lawmakers have already vowed to block the ERA, fearing it could make abortion restrictions nearly impossible to enforce.
So, while Biden’s announcement has thrilled pro-choice advocates, it has also intensified the already deep political divide on abortion in America.
Reactions: Celebration, Fear, and Legal Chaos
Pro-Choice Advocates – “A Major Step Forward”
For feminists and reproductive rights activists, the ERA is long overdue. They see it as a new constitutional foundation for women’s rights, ensuring that gender-based discrimination (including abortion restrictions) is legally challenged at every turn.
Pro-Life Advocates – “A Sneaky Attempt to Legalize Abortion”
Many anti-abortion groups believe the ERA is a Trojan horse for abortion rights. They argue that Biden is overstepping by declaring it law without a proper legal review.
Legal Experts – “Not So Fast”
Constitutional scholars point out that the ratification deadline expired in 1982. This means Biden’s declaration is more symbolic than legally binding—for now. The courts and Congress will likely have the final say.
What Happens Next?
- Lawsuits and Political Battles – Republicans will likely challenge Biden’s declaration in court, while Democrats push to recognize the ERA officially.
- Supreme Court Involvement? – If legal challenges escalate, the Supreme Court could be forced to rule on whether the ERA is still valid.
- Impact on Elections – The ERA could become a hot-button issue in the 2024 elections, especially with abortion rights on the line.
Biden’s announcement is a historic moment for gender equality, but the battle isn’t over. The ERA’s fate remains uncertain, caught between legal loopholes, political resistance, and the country’s growing cultural divide.
For everyday Americans, this means hope for stronger protections—but also a long, messy fight ahead. Whether you support or oppose the ERA, one thing is clear: its impact will shape the future of gender rights and abortion laws in the U.S. for years to come.
So, is this truly the dawn of a new era, or just another political storm waiting to erupt?
Only time will tell.
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