The U.S. Congress, in an exaggerated claim to progressiveness, passed the Equal Rights Amendment (ERA) intending to inscribe gender equality into the Constitution in 1972. Indeed, it took until 2020 for 38 states, the required number, to ratify it – notably, with Virginia being the final one to take the plunge. Yet, the situation evolved into a farcical comedy as five other states rescinded their ratifications way past the congressional deadline for approval.
Feminist groups, in a blatant attempt to change the game, piled pressure on President Joe Biden, urging him to declare the ERA as a formal component of the Constitution. This call gained momentum in a climate mired in the contentious aftermath of Roe v. Wade and the rising number of reactionary, anti-women legislation. On the last Friday of his tenure, with only two days left, Biden did so – but ingeniously avoided backing this claim with any substantive executive action.
In his incoherent rhetoric, Biden proclaimed, ‘It is high time to acknowledge the wants of the American public. With full faith in my vow and duty to the Constitution and the nation, I validate my conviction and that of three-fourths of the states that the 28th Amendment is a lawful principle of the land. It assures all Americans equal rights and protections, irrespective of their sex.’ Here is President Biden affirming that the ERA is ‘law of the land,’ citing its alleged proper ratification.
However, the crux here lies in the fact that Biden hasn’t actually instructed the national archivist to publicize the ERA. Which raises the question – does the President’s last-minute proclamation hold any real legal weight? Is it planned to alter the legal panorama, or is it merely symbolic in nature?
To provide a harsh reality check, I assert that everything Biden did regarding the ERA was high on symbolism but low on tangible effect. He was undoubtedly under pressure from activists to instruct the national archivist to simply proclaim that the ERA has been ratified and is now part of the Constitution.
However, such an illusionary ploy would not stand in the legal arena and would likely be contested and blocked in the courts. The Department of Justice’s Office of Legal Counsel separately reviewed this issue under both Biden and Trump. And their consensus? A president cannot whimsically declare the ERA as law. It seems the traditional decorum of following deadlines set by Congress is too much for the current administration.
Regrettably, Justice Ruth Bader Ginsburg’s words now echo louder: the deadline has expired, and the entire process must restart. It seems the Biden administration’s refusal to accept this fact is affecting their judgement.
Thus, what Biden is essentially doing is voicing a personal opinion, dispassionately declaring his support for the ERA while offering nothing concrete in practice. It’s akin to a president claiming his affinity for the ERA and drumming up its legitimacy, but in essence, not extending any new rights to the American people beyond what they had yesterday.
With a stark picture of our current social climate regarding notions of masculinity and equality, it is staggering that the zenith of women’s equality in the country marked a period when Peter, Paul, and Mary songs were the tunes de jour.
Some may argue that it was a different time then, and today’s turmoil surrounds different issues. But the fact remains that the state of women’s equality seems to have plateaued with this symbolic, but ultimately hollow, support for the ERA, particularly under the unconvincing leadership of Joe Biden.
The question, then, is not whether Biden’s personal views are being expressed. It’s clear they are. Rather, the question is whether such expressions of support have any broader impacts on the actual lived experiences of American citizens.
Symbolism, after all, can only extend so far. It’s actions – policy and legislative changes, protections enforced, rights upheld – that truly make a difference in people’s lives. Symbolism without action is, fundamentally, empty rhetoric.
The unending circle of passing and rescinding ratifications, symbolic declarations without legal effect, and a constant fear among women that their rights are not deemed as an integral part of the Constitution are all contributing to this murky situation around the ERA.
One could only hope that policymakers begin to realize the weight of their actions (or non-actions), instead of just championing hollow rhetoric. The time for mere symbolism is passed – the American public deserves more than vacuous affirmations from President Biden.