In a recent announcement, President Joe Biden stated that the Equal Rights Amendment (ERA) should be regarded as a ratified component of the U.S. Constitution. Despite this declaration’s symbolic nature, experts believe it is unlikely to significantly impact the ongoing efforts for gender equality that have persisted for decades.
Biden emphasized that “The Equal Rights Amendment is the law of the land,” despite the fact that the presidential office has no formal role in the constitutional amendment process. Notably, he did not instruct the National Archives’ leader to officially certify the amendment, which aligns with calls from some activists for such an action, thus avoiding potential legal disputes.
This statement is part of a series of significant comments Biden has made as he approaches the conclusion of his presidency, seeking to leave a mark despite serving only one term. Alongside his support for the ERA, he has also advocated for prohibiting stock trading by members of Congress and proposed imposing term limits for Supreme Court justices, both of which are ideas that he had not previously endorsed until recently.
With his approval rating declining and his political sway diminishing ahead of Donald Trump’s inauguration, Biden’s remarks have caused some frustration among supporters who feel he should have moved more decisively on these issues much sooner.
Originally introduced for ratification in 1972, the Equal Rights Amendment aims to eliminate discrimination based on gender. Virginia, which ratified the amendment in 2000, became the 38th state to do so, but this action occurred well after the deadline established by Congress. This has resulted in a contentious legal situation regarding the amendment’s validity.
Democrats and advocates have been advocating for acknowledgment of the ERA’s ratified status for years, but Biden’s support was only articulated publicly on Friday. Christian F. Nunes, president of the National Organization for Women, expressed regret that the administration’s endorsement did not arrive sooner, highlighting the urgent need for women’s rights and protections. “The timing matters less than the action itself,” she stated, stressing the necessity of immediate progress in this area.
Noreen Farrell, executive director of Equal Rights Advocates, also voiced her wish that Biden’s statement had come earlier, believing it might have influenced the National Archives leader, who has withheld certification due to the lapse in the ratification deadline. Nevertheless, she remains hopeful that Biden’s affirmation can still generate momentum for the movement.
In defending his late support, Biden noted that he needed to gather all relevant facts before making a statement. Earlier in the day, he reiterated the importance of recognizing the public’s will, saying, “It is long past time to recognize the will of the American people.” He affirmed his belief, along with the consensus of three-quarters of the states, that the 28th Amendment guarantees equal rights and protections for all Americans, regardless of sex.
While Biden’s endorsement is significant, it is dubious that it will lead to any substantial changes. The National Archives reiterated its earlier stance, stating that “the underlying legal and procedural issues have not changed” regarding the amendment’s status.
Activists were present outside the National Archives to celebrate Biden’s statement and urge the archivist to take action. Zakiya Thomas, leader of the ERA Coalition, implored, “Do your job,” emphasizing the responsibility of the National Archives in this process. Claudia Nachega from the Young Feminist Party remarked that the certification of the Equal Rights Amendment could mark the start of a new era for America, affording citizens a better chance of navigating the challenges of a second Trump administration.
