In this engaging discussion, Annie Karni, a Congressional correspondent at The New York Times, and Kirsten Gillibrand, the Junior Senator from New York, dive into the potential impact of a single phone call from President Biden on women's rights. They explore the historical context of the Equal Rights Amendment and its ongoing struggle for ratification. The conversation highlights the legal challenges surrounding gender equality, the implications of recent court rulings, and the urgent push for constitutional changes to combat discrimination and enhance women's autonomy.
President Biden has the opportunity to potentially revolutionize women's rights and aid his legacy by supporting the Equal Rights Amendment.
The historical struggle for the Equal Rights Amendment illustrates the deep-seated societal divisions over gender equality and its legal implications.
Deep dives
Historical Context of Women's Equality
The absence of explicit language about women's equality in the U.S. Constitution is a significant issue that has persisted for over a century. Although the 14th Amendment's equal protection clause aims to provide protection against discrimination, it does not specifically mention sex, which has led to legal ambiguities. Alice Paul, a suffragist, first proposed the Equal Rights Amendment (ERA) in 1923 to ensure women have equal rights under the law, yet it did not gain traction until the women's rights movement gained momentum in the late 1960s. This movement ultimately led to the introduction of the ERA in Congress in 1971, where it initially received overwhelming bipartisan support, highlighting a growing recognition of women's rights at the time.
Opposition and Challenges to the ERA
The momentum for the ERA faced significant backlash from conservative activists, notably Phyllis Schlafly, who argued that the amendment would undermine traditional gender roles and strip women of privileges such as spousal support. Schlafly mobilized grassroots campaigns that successfully stalled the ratification process, leading to opposition in several states and highlighting societal divisions over gender equality. This grassroots resistance resulted in some states rescinding their earlier ratifications and ultimately contributed to the failure to meet the deadline set by Congress in 1982. The context of these battles illustrates how deeply entrenched views on gender equality remain, complicating the path toward amending the Constitution.
Recent Efforts and Legal Implications
Renewed efforts to push for the ERA arose following significant political shifts and the growing urgency among Democrats to protect women’s rights, especially after the overturning of Roe v. Wade. Proponents argue that the ERA could serve as a constitutional foundation for safeguarding abortion rights and addressing gender discrimination at a federal level, particularly in light of recent legal challenges. Despite the ERA achieving the necessary state ratifications, the Biden administration has not taken definitive steps to publish it as the 28th Amendment due to ongoing debates about the 1982 deadline. Notably, the complications surrounding this timeline and the reluctance to engage with the legal gray areas surrounding the ERA have sparked frustration among supporters advocating for immediate action.
How President Biden could transform women’s rights and rescue his legacy with just a ring.
Dozens of congressional Democrats have a simple pitch to President Biden: with a single phone call he can revolutionize women’s rights and salvage his damaged legacy.
Annie Karni, a congressional correspondent at The New York Times, discusses whether that plan is possible and, if so, whether Mr. Biden would try.
Guest: Annie Karni, a congressional correspondent at The New York Times.
For more information on today’s episode, visit nytimes.com/thedaily. Transcripts of each episode will be made available by the next workday.
Unlock full access to New York Times podcasts and explore everything from politics to pop culture. Subscribe today at nytimes.com/podcasts or on Apple Podcasts and Spotify.
Remember Everything You Learn from Podcasts
Save insights instantly, chat with episodes, and build lasting knowledge - all powered by AI.
