President Biden has expressed his belief that the Equal Rights Amendment has met the necessary requirements for ratification, positioning it as the 28th Amendment to the Constitution. However, his comments were predominantly symbolic, highlighting the challenges involved in the formal recognition of the amendment. By not pushing for the government to complete the official publication process, it suggests an awareness of the potential legal repercussions and the complex procedural landscape surrounding constitutional amendments.
The Equal Rights Amendment aims to ensure equality for women by addressing significant issues such as pay equity and enhancing legal protections against domestic violence and sexual harassment. It has been ratified by 38 states, fulfilling the necessary three-quarter majority needed for constitutional amendments, yet challenges remain regarding its legitimacy due to deadlines set by Congress and the withdrawal of ratifications by some states, which complicates its path to final recognition.
Historically, the amendment has faced opposition from conservative groups who argue that its approval could inadvertently establish a constitutional right to abortion. This has sparked considerable debate surrounding the implications of the amendment beyond gender equality, posing significant questions about its broad interpretation and potential legal ramifications.
Colleen Shogan, the national archivist, stated that she was unable to certify the Equal Rights Amendment due to existing legal frameworks and court decisions. This reflects the complicated interplay between Congress's amendments and the ratification process and highlights the challenges administrative officials face when dealing with constitutional changes.
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