In a significant move, President Biden has declared that the Equal Rights Amendment (ERA) is law, marking a major milestone in the decades-long fight for women’s rights. However, despite this announcement, the path forward remains uncertain.

The ERA’s Long History

First introduced in 1923, the ERA aims to guarantee equal rights for women under the US Constitution. After years of lobbying and advocacy, the amendment was finally passed by Congress in 1972, but it has yet to be ratified by the necessary number of states. In 2020, Virginia became the 38th state to ratify the ERA, meeting the required three-fourths majority.

The Road to Implementation

To come into effect, the ERA would need to be formally published or certified by the national archivist, a move that would officially add the amendment to the Constitution. However, this step is not without controversy. The Trump administration had previously blocked the ERA’s publication, citing concerns over the amendment’s validity.

Potential Challenges Ahead

Despite President Biden’s declaration, several hurdles remain before the ERA can be fully implemented. Some of these challenges include:

1. Congressional Action: Congress may need to pass legislation to confirm the ERA’s ratification, a move that could face opposition from lawmakers.

2. Judicial Review: The ERA’s validity may be challenged in court, potentially leading to a lengthy and contentious legal battle.

3. State-Level Resistance: Some states that have not ratified the ERA may resist its implementation, leading to further disputes.

A New Era for Women’s Rights?

While the future of the ERA remains uncertain, President Biden’s declaration has sparked renewed hope among women’s rights advocates. If implemented, the ERA would provide a constitutional guarantee of equal rights for women, paving the way for significant advancements in areas such as pay equity, reproductive rights, and anti-discrimination laws.

As the nation waits with bated breath to see what happens next, one thing is clear: the fight for women’s rights is far from over.