On January 17, 2025, just days before leaving office, President Joe Biden declared the Equal Rights Amendment (ERA) as the 28th Amendment to the U.S. Constitution, calling it the “law of the land.” This historic proclamation aimed to enshrine gender equality into the nation’s foundational document, a goal nearly a century in the making. However, the inauguration of Donald Trump on January 20, 2025, has cast significant doubt on the ERA’s validity and future, as his administration swiftly moved to rescind diversity, equity, and inclusion (DEI) initiatives and dismantle protections for marginalized groups.
Biden’s Declaration and the Legal Ambiguity of the ERA
The ERA, first introduced in 1923, was passed by Congress in 1972 and sent to the states for ratification. Though it reached the required 38-state threshold by 2020 after ratifications by Nevada, Illinois, and Virginia, opponents argue that the expired 1982 ratification deadline invalidates those votes. Despite this, Biden’s declaration sought to solidify the amendment as part of the Constitution, emphasizing the importance of codifying gender equality.
The National Archives, however, declined to certify the ERA, citing the legal uncertainty surrounding the deadline and the late ratifications. This has left the amendment in legal limbo, with its status dependent on further action from Congress or the courts.
Trump Administration’s Immediate Rollbacks
Trump wasted no time in enacting a series of executive orders aimed at reversing Biden-era policies, including many that supported diversity and gender equity. Among the 78 executive actions rescinded on his first day were protections against discrimination based on gender identity and sexual orientation, as well as numerous DEI initiatives across federal agencies. Trump labeled these programs as “wasteful” and accused them of promoting “division” rather than unity.
These actions directly undermine the principles of the ERA, sending a clear message that the current administration does not intend to uphold or recognize its provisions. By stripping away federal DEI programs and protections, the Trump administration’s policies are actively working against the amendment’s goal of ensuring equal rights regardless of sex.
Challenges to the ERA Under Trump
Legal experts and advocacy groups fear that the Trump administration’s stance on gender and LGBTQ+ rights will further delay or derail the ERA’s recognition. The rollback of DEI initiatives and anti-discrimination protections creates a hostile environment for marginalized communities and undermines decades of progress in civil rights. Without the support of the federal government, efforts to codify and implement the ERA face significant obstacles.
The Path Forward for ERA Advocates
Despite these setbacks, advocates for the ERA remain steadfast in their efforts. Organizations such as the ERA Coalition, the ACLU, and Human Rights Campaign are mobilizing to challenge Trump’s actions in court and to push Congress to remove the ratification deadline. Legislative efforts, such as the bipartisan bills introduced in the House and Senate to retroactively eliminate the deadline, remain critical to solidifying the ERA’s legal standing.
Activists are also encouraging grassroots efforts, including writing to senators and representatives, organizing protests, and spreading awareness about the ERA’s importance. The ongoing “People’s Protest,” which began on Trump’s inauguration day, has become a focal point for resistance against his administration’s regressive policies and a platform for demanding recognition of the ERA.
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The Stakes for Equality and Justice
The Trump administration’s actions against DEI programs and gender protections highlight the urgent need for the ERA to be recognized and enforced. Without it, millions of Americans remain vulnerable to discrimination based on sex, gender identity, and sexual orientation. Furthermore, the rollback of equity initiatives threatens to deepen systemic inequalities and undo decades of progress toward a more inclusive society.
For advocates, the fight for the ERA is about more than just legal recognition; it is about safeguarding the rights and dignity of all individuals, regardless of gender. The road ahead may be fraught with challenges, but the commitment to achieving true equality remains unwavering. Now more than ever, activism, legal action, and public pressure are essential to ensuring that the ERA’s promise of equality becomes a reality.
