it will be rejected. But it's doubtful that it ever will even reach SCOTUS at this point. The ERA stands now in exactly the same position that it was in before Biden's statement. That statement changes nothing legally. It is a political move that brings women's rights back into public attention.
I am quite aware of misogyny at many levels - systemic, individual, religious, and even on the left. I survived a violently abusive marriage in the 1970s and dealt with misogyny and indifference even from other women. There were no women's shelters then, but I was asked, "Why didn't you just leave him sooner?" Or, "What are you doing to anger him so much?" Another gem was, "It's a woman's job to make a marriage successful by creating a happy, stress free home for her husband. What are you doing wrong?"
When I got out (with help from a coworker who had previously divorced an abusive husband)) the ERA had just passed Congress and needed ratification. My attorney gave me dire warnings of having to pay alimony if the ERA was ratified. He also suggested that I made up the abuse story as an excuse to marry someone else and would get in legal trouble if I could not substantiate my claim. I asked if he was representing me or my husband and told him to check hospital and police records for verification. That shut him up. I would have changed lawyers, but had already paid half of his fee and could not afford to start over. I did not know at the time his political party. Years later he rose to national level in the GOP.
Like many other women, I have dealt with sexual harassment at work. I've also been given additional responsibilities when my boss's position was eliminated but without additional pay so I left that job.
I have been a paid and volunteer advocate for women in shelters and for survivors of rape. I've been fighting the women's rights battle for many decades.
Solid legal establishment of equal rights cannot be based on an amendment whose ratification date has passed, from which some states have rescinded their acceptance, and which depends on a MAGA SCOTUS ruling over disputes about its legality. BUT that does not mean that the battle is over and lost. There are other approaches available besides hoping that a MAGA dominated SCOTUS will rule in agreement with Biden's statement.
We can revive the push for women's rights in the public sphere with grass roots forums in person and online. Have women speak about their personal experiences with abortion, domestic violence, workplace discrimination and harassment. Include lawyers for legal Q&A. We can emphasize the positive gains for family income levels and for cutting social services costs to taxpayers.
I know. We've done all that before. This is a new atmosphere with new generations. Grass roots support groups can pressure legislators for action at state and federal levels. Keep the issues in the public's mind. Publicize widely the votes of representatives for or against women's issues. Organize voting blocs against representatives who do not vote for us.
On a national level, we can push for legislation to replace the old ratification date with a newer one, or just abolish the old one.
At the state level, we can push for more ratifications.
It's an uphill fight, as it's always been. Worse now with MAGAs in charge of government. But we can get some momentum from the abortion horrors going on now.
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