Malcolm Rivera
The 28th Amendment to the US Constitution, also known as the Equal Rights Amendment, proposes to guarantee equal rights for men and women, making gender equality a core constitutional value. It would directly impact government action, including cases of gender discrimination, and would include protections for LGBTQ+ individuals. The amendment has been proposed to address the increasing attacks on bodily autonomy in the US and to empower courts to strike down state laws permitting child marriage and other forms of sex-based discrimination. Additionally, it has been proposed as a way to end America's gun violence crisis by enshrining common-sense gun safety measures into law.
| Characteristics | Values |
|---|---|
| Name | Right to Safety Amendment |
| Proposer | Governor Gavin Newsom |
| Purpose | To end America's gun violence crisis |
| Gun Safety Measures | Universal background checks, raising the firearm purchase age to 21, instituting a firearm purchase waiting period, and barring the civilian purchase of assault weapons |
| Status | Proposed |
| Name | Equal Rights Amendment (ERA) |
| Proposer | President Joe Biden |
| Purpose | To guarantee equal rights and protections under the law regardless of sex |
| Status | Ratified by 38 states and recognized by President Biden as the 28th Amendment |
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What You'll Learn
Gun safety measures
Governor Gavin Newsom of California has proposed a 28th Amendment to the United States Constitution to address the nation's gun violence crisis. The amendment, known as the Right to Safety Amendment, aims to enshrine four fundamental and broadly supported gun safety measures into law:
- Raising the federal minimum age to purchase a firearm from 18 to 21: This measure would bring the legal purchasing age of firearms in line with that of alcohol, as it is believed that individuals below 21 years of age may not have the maturity and responsibility to handle a firearm safely.
- Mandating universal background checks: By requiring comprehensive background checks for all firearm purchases, individuals with a history of violence, mental health issues, or other risk factors can be identified and prevented from acquiring guns. This measure aims to keep firearms out of the hands of those who may pose a danger to themselves or others.
- Instituting a reasonable waiting period for gun purchases: Implementing a mandatory waiting period between the purchase and delivery of a firearm can help reduce impulsive gun purchases and allow for a more thorough evaluation of the buyer's background and intentions.
- Banning civilian purchase of assault weapons: Assault weapons, designed for military use, have no place in civilian hands. These weapons are often the weapons of choice in mass shootings due to their high rate of fire and large-capacity magazines. By barring civilians from purchasing assault weapons, the amendment aims to reduce the number of lives lost in mass shootings and other acts of gun violence.
These measures are intended to reduce gun violence and protect the lives of Americans while still respecting the Second Amendment and America's gun-owning tradition. The proposal has received support from survivors of gun violence, gun safety advocates, faith leaders, and local and state officials, who believe that it is a necessary step towards ending the gun violence epidemic in the United States.
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Raising the minimum age to purchase firearms
The 28th Amendment to the United States Constitution, also known as the Right to Safety Amendment, aims to address America's gun violence crisis by proposing four gun safety measures. One of these measures is raising the federal minimum age to purchase a firearm from 18 to 21.
Currently, federal law sets the minimum age for buying firearms at 18 for long guns, including assault weapons, and 21 for handguns from licensed firearm dealers. However, the law is weaker for purchases from unlicensed sellers, with an 18-year-old minimum age for handguns and no minimum age for long guns. This has led to concerns about the easy accessibility of firearms to younger individuals, potentially increasing the risk of gun-related incidents and suicides among this age group.
Additionally, individuals aged 18 to 20 are responsible for a significant proportion of school shootings, public mass shootings, and gun homicides. By raising the minimum age, the amendment aims to address this issue and enhance the safety of educational institutions and public spaces.
The biological factors contributing to risk-taking and aggressive behaviors during late adolescence and young adulthood further support the need for raising the minimum age. The parts of the brain responsible for impulse control, judgment, and long-range planning continue to develop until at least age 26. By setting the minimum age at 21, the amendment acknowledges these developmental factors and aims to reduce the potential for violent incidents during this critical period.
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Universal background checks
There is currently no 28th Amendment to the U.S. Constitution. However, there has been a significant movement advocating for a 28th Amendment that would mandate universal background checks for firearm purchases. This proposed amendment seeks to address the issue of gun violence by establishing comprehensive background checks as a legal requirement for all gun sales, including private sales and those at gun shows.
The push for universal background checks as a component of gun control legislation has gained momentum due to concerns about the ease of access to firearms and the resulting impact on public safety. Currently, federal law mandates background checks for firearm purchases from licensed dealers, but private sales and those at gun shows are often exempt from these requirements, allowing for potential loopholes in the system.
The proposed 28th Amendment aims to close these loopholes by extending background check requirements to cover all gun sales nationwide. This would mean that anyone seeking to purchase a firearm, regardless of the sales context, would be subject to the same stringent background investigation. The goal is to prevent firearms from falling into the wrong hands, such as those with a history of violence, mental health issues, or other disqualifying factors.
The specifics of the amendment would likely include a clear definition of what constitutes a universal background check, the establishment of a standardised process for conducting these checks, and the identification of the agencies or entities responsible for carrying them out. Additionally, the amendment could outline the consequences for non-compliance, including penalties for both sellers and purchasers who circumvent the background check process.
Supporters of this proposed 28th Amendment believe that universal background checks are a crucial step towards reducing gun violence and making communities safer. They argue that by ensuring that all firearm purchasers undergo thorough vetting, individuals who pose a potential threat to themselves or others can be identified and prevented from acquiring weapons. This comprehensive approach to background checks is seen as a necessary measure to fill the gaps in the current system and create a more effective barrier against gun-related crimes and tragedies.
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Affirming gender equality
The 28th Amendment, also known as the Equal Rights Amendment (ERA), is a proposed amendment to the US Constitution that would guarantee equal rights regardless of sex or gender. While it has not been officially recognised as part of the Constitution, former President Biden affirmed it as the "law of the land" in January 2025.
The ERA is a significant step towards affirming gender equality by explicitly guaranteeing equal rights regardless of sex or gender. It would make equal rights for all a core constitutional value, providing a strong legal framework to defend against gender discrimination and sex-based discrimination. This would be particularly impactful in the areas of employment, healthcare, and reproductive rights, where women and marginalised communities have historically faced discrimination and a lack of equal protection under the law.
The ERA would empower Congress to pass federal laws that address systemic gender discrimination and inequality, levelling the playing field for women and girls, especially those from marginalised communities. It would also strengthen legal arguments for LGBTQ+ rights, providing protections against discrimination in various aspects of life, such as employment and healthcare.
The amendment's impact on reproductive rights is also noteworthy. By framing access to reproductive healthcare as fundamental to realising gender equality, the ERA can help safeguard reproductive rights and healthcare access. This is especially relevant in light of recent attacks on bodily autonomy and the Supreme Court's decision to overturn Roe v. Wade, which disproportionately affects women of colour and economically disadvantaged communities.
The ERA's potential to bring transformative change across critical areas of life for women and girls is undeniable. It would serve as a powerful tool to challenge sexism, protect against gender-based violence, and ensure that gender equality is a national priority. With most constitutional amendments, publication by the National Archivist is the final step to ensure states are aware of the change. While President Biden's announcement did not direct the National Archivist to publish, his declaration as the leader of the United States is significant and should ultimately supersede this role.
In conclusion, the 28th Amendment, or the ERA, is a crucial step towards affirming gender equality by providing explicit constitutional protections against gender discrimination and ensuring equal rights for all, regardless of sex or gender.
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Striking down state laws permitting child marriage
On January 17, 2025, President Biden declared the Equal Rights Amendment (ERA) as the 28th Amendment to the US Constitution. This amendment recognizes the principle of equality on the basis of sex as "the law of the land".
The ERA has the potential to bring about transformative change in numerous critical areas of life for women and girls, including striking down state laws permitting child marriage. With the ERA, laws that allow marriage under the age of 18 could be contested as a form of sex-based discrimination due to their disproportionately negative impact on girls. This would empower courts to protect girls from child marriage nationwide.
Child marriage is a serious issue in the United States, with a long history of marriage laws being used to circumvent legal repercussions for sexual activity with minors. In some cases, child marriage may constitute forced marriage, often in the context of sex trafficking, enabling ongoing sexual abuse. The ERA would provide a comprehensive path to pass federal laws protecting minors from this practice.
From 2017 to 2025, several states took steps to address child marriage by setting or raising minimum age requirements and making more stringent conditions for underage marriages. For example, Florida amended its marriage laws in 2018 after receiving media attention for its lax child marriage laws, raising the minimum age to 17 with both parental and judicial approval. Other states, such as Georgia, Indiana, and Kentucky, have also made similar changes to their marriage laws to protect minors.
The ERA is a significant step towards gender equality and ensuring the protection of minors from the harmful practice of child marriage. It empowers courts to strike down state laws permitting child marriage and provides a framework for passing federal legislation to address this issue nationwide.
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Frequently asked questions
The 28th Amendment refers to a proposed amendment to the US Constitution.
The 28th Amendment, also known as the Right to Safety Amendment, proposes to enshrine four broadly supported gun safety principles into the US Constitution. This includes raising the minimum age to purchase a firearm to 21, mandating universal background checks, instituting a waiting period for gun purchases, and barring the civilian purchase of assault weapons.
Governor Gavin Newsom of California proposed the 28th Amendment in 2024. While the amendment has gained support from Democrats, Republicans, independent voters, and gun owners, it has not yet been ratified.
There have been several other proposals for the 28th Amendment, including the Equal Rights Amendment, which aims to guarantee equal rights and protections under the law regardless of sex, and the For Our Freedom Amendment, which seeks to reduce the influence of big money in politics by limiting campaign contributions and dark money political spending.
