Gillibrand+Presses+Biden+to+Amend+the+C...rine+Sex+Equality+-+The+New+York+Times

Background on the Equal Rights Amendment (E.R.A.)

  • Proposed by women’s suffragists in 1923, the E.R.A. aims to ensure sex equality in the Constitution.

  • Initially approved by Congress in 1972, requiring ratification by three-quarters of the states.

  • Lacked sufficient ratifications prior to extended deadlines, entering a state of limbo with only 35 states approving before the 1982 deadline.

  • Three additional states—Nevada, Illinois, and Virginia—ratified post-1982 but others have rescinded their ratifications, leading to debate over the validity of these actions.

Gillibrand's Advocacy for E.R.A.

  • Senator Kirsten Gillibrand (D-NY) is actively seeking to persuade President Biden to adopt the E.R.A. as the 28th Amendment.

  • She argues Biden could fortify abortion rights in a post-Roe America and enhance his legacy by supporting the amendment.

  • His directive to the national archivist could initiate ratification, despite potential legal challenges, specifically from Republicans.

Legislative Context and Political Implications

  • In the waning days of Biden's presidency, various Democrats are advocating for urgent actions—including the E.R.A., immigration protections, and clemency for incarcerated individuals.

  • Gillibrand has met with top officials, including Jeffrey Zients (White House Chief of Staff) and Anita Dunn, to present her case for the E.R.A.

  • Uses creative approaches to get meetings with Biden, including thematic presentations and legal analyses.

Legal and Political Obstacles

  • Supporters argue that the lack of a ratification deadline in the Constitution undermines claims that the E.R.A. is invalid or expired.

  • Conservative factions argue that protections for women exist under the 14th Amendment, deeming E.R.A. unnecessary.

  • The political urgency has intensified post-Dobbs v. Jackson Women's Health Organization ruling, which discarded constitutional protections for abortion.

Gillibrand's Strategies and Efforts

  • Gillibrand has brought in high-profile advocates, including Hillary Clinton, to bolster her campaign for the E.R.A.

  • Emphasizes that enshrining the E.R.A. would be a significant part of Biden's presidential legacy.

  • Continually engages with Biden through brief interactions and lobbying efforts, stressing the importance of timing as his presidency concludes.

Public Sentiment and Potential Impact

  • A Data for Progress survey indicates robust public support for Biden taking action on the E.R.A., particularly among Democrats (61% overall approval).

  • Advocates warn against inaction, emphasizing the potential political fallout for Biden's presidency if he fails to act as opportunities diminish.

  • A coalition of over 45 senators and approximately 100 House Democrats pressing him to act before the transition to an all-Republican Congress.

Conclusion

  • The ongoing push for the E.R.A. highlights a critical intersection of gender equality, legal interpretation of the Constitution, and partisan politics.

  • The outcome of this advocacy could profoundly impact women's rights and the Biden administration's legacy.