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Seeking a buzzer-beater legacy legal battle, House Democrats urged President Joe Biden to “leave an indelible mark” and amend the U.S. Constitution on his way out the door.

For more than 100 years, a progressive push for the Equal Rights Amendment has failed to meet the threshold requirements to be enshrined in the Constitution. With the closest attempt having petered out decades ago, outgoing Missouri Rep. Cori Bush (D) and more than 120 of her peers were in accord that the president should publish it anyway.

“We must continue our efforts to fully affirm and recognize the equality of rights for all people, regardless of sex, as part of our Constitution, a vital effort that has never been more urgent. This action is essential as we prepare to transition to an administration that has been openly hostile to reproductive freedom, access to health care, and LGBTQIA+ rights,” stated the letter issued Sunday.

With the support of the co-chair of the Congressional Caucus for the Equal Rights Amendment Massachusetts Rep. Ayanna Pressley (D) and scores of leftists, the letter argued, “We believe that recognizing the ERA’s ratification would not only fulfill the promise of equality enshrined in our founding documents, but would also stand as a defining achievement of your presidency — one that will reverberate across generations.”

“In this critical moment, when the progress we’ve made on gender equality, reproductive rights, and LGBTQ+ protections is under threat, your decisive action to finalize the ERA’s certification would be a powerful statement to the nation and the world: that the United States is committed to ensuring equality for all, regardless of sex,” they contended as, like with the Democratic Party’s focus for the election, the ability to end the lives of unborn babies in addition to peddling chemical castration and genital mutilation remained paramount.

As previously covered, the ERA was initially proposed in 1923 and passed Congress to begin the ratification process on March 22, 1972. Thereafter it was ratified by 30 of the necessary 38 states for passage within the first year. By the seven-year cutoff, the threshold had not been met and an extension still hadn’t proved sufficient to reach the requirement as only 35 states had ratified the amendment as of 1982.

Reintroductions to Congress found Nevada, Illinois, and Virginia joining in between 2017 and 2020 despite lacking a legal basis for their action.

In marking Women’s Equality Day in 2023, Biden said, “I have long supported the ERA since I first ran for public office — and it is long past time that we heed the will of the American people and make this Amendment the law of the land. No one should be discriminated against based on their sex — and we, as a nation, must affirm and protect women’s full equality.”

“As we mark Women’s Equality Day, I continue to urge Congress to act swiftly to recognize ratification of the ERA and affirm the fundamental truth that all Americans should have equal rights and protections under the law,” he added.

The letter to Biden suggested, “By directing the Archivist to publish the ERA, you will leave an indelible mark on the history of this nation, demonstrating once again that your legacy is one of expanding rights, protecting freedoms, and securing a more inclusive future for all Americans,” and made no mention of a leading concern that such an amendment could result in women being required to enroll in the Selective Service System and be eligible for the draft.

Kevin Haggerty
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