Senator Gillibrand Urges President Biden to Certify Equal Rights Amendment
Washington
CNN
—
In the final stretch of the Biden administration, Democratic Senator Kirsten Gillibrand is spearheading an initiative that aims to enhance reproductive rights. She is calling on President Biden to certify the Equal Rights Amendment (ERA) and solidify its protections within the Constitution.
In a memorandum shared with key stakeholders, the New York senator emphasized that this action would provide a means for President Biden to codify women’s rights and equality without relying on a deeply polarized and ineffective Congress, especially following the Supreme Court’s 2022 decision to overturn Roe v. Wade.
While Biden has taken some executive measures to safeguard abortion rights post-decision, the White House has nearly exhausted its options without congressional action to codify the protections established by Roe, which remains improbable in the current political climate.
Gillibrand argues that Biden could instruct Dr. Colleen Shogan, the United States Archivist, to certify and publish the ERA, a bill initially passed by Congress in 1972 that guarantees equal rights for women. For an amendment to be adopted into the Constitution, it requires ratification from three-quarters of the states, totaling 38. Virginia became the 38th state to ratify the amendment in 2020 after years of inactivity.
However, legal analysts note that the situation is more complex: the ratification deadlines have expired, and five states have rescinded their approval, according to the Brennan Center for Justice at NYU Law School. These developments raise questions about the president’s authority regarding the ERA more than five decades after its initial passage, leading experts to predict potential legal hurdles if Biden were to proceed.
Undeterred, Gillibrand has actively communicated her case to Biden’s senior aides and external allies, including addressing the President and First Lady during a recent holiday party photo opportunity. She has maintained contact with various officials from the White House counsel’s office and the Gender Policy Council, among others involved in this initiative.
“It’s always ‘I’ll get back to you; I’ll get back to you.’ Everyone says, ‘We love your arguments,’ but I’m often left wondering what the ‘but’ is,” she shared with The New York Times, which has extensively covered her advocacy.
Gillibrand believes that the ERA would affirm that sex-based distinctions in access to reproductive health care would be deemed unconstitutional, reinforcing the importance of equality in reproductive rights.
The White House has indicated that this initiative is still under consideration. Kelly Scully, a spokesperson for the White House, stated, “President Biden has expressed a clear desire to see the Equal Rights Amendment appropriately enshrined in the Constitution.”
Furthermore, Scully noted, “Senior administration officials are actively engaging with key congressional leaders and other stakeholders on this issue in the coming weeks. It is long overdue that we acknowledge the will of the American people.”
In 2020, the Justice Department under the Trump administration ruled that the deadline for ratification had lapsed, rendering the amendment unratifiable. However, the National Archives indicated in 2022 that this legal opinion does not impede Congress’s ability to act on the ERA or the judicial system’s capacity to address related questions.
