In a bold move, President Joe Biden declared the Equal Rights Amendment (ERA) the “law of the land” on Friday, urging it be recognized as the 28th Amendment to the U.S. Constitution. This statement came despite the U.S. Archivist’s recent remarks that contradict his claim, stating the amendment cannot be added.
Biden’s brief announcement, lasting only three paragraphs, did not address the delay in his decision. While he noted Virginia’s ratification of the ERA nearly four years ago, he did not clarify why he waited so long to act.
“The American Bar Association (ABA) has recognized that the Equal Rights Amendment has cleared all necessary hurdles,” Biden stated. “I agree with the ABA and leading legal scholars that the ERA is now part of our Constitution.”
The president emphasized that the time for action was long overdue. “It is time to recognize the will of the American people. Three-fourths of states have ratified it, and it’s now law, guaranteeing equal rights for all under the Constitution, regardless of sex.”
The archivist disagrees
Biden’s statement stands in stark contrast to comments from Colleen Shogan, the Archivist of the United States, and her deputy, William J. Bosanko. They wrote in mid-December that adding the ERA to the Constitution is not possible due to legal and procedural barriers.
“The ERA cannot be certified at this time due to established legal decisions,” Shogan and Bosanko said. They emphasized that the U.S. Department of Justice had ruled twice, in 2020 and 2022, that the ratification deadline for the ERA is binding.
Further, they stated, “The Archivist cannot legally publish the ERA due to these precedents. Any changes to the deadline would require new action from Congress or the courts.“
A long-fought battle
The ERA, which aims to ensure that no one is denied equal rights based on sex, was first approved by Congress in 1972. Originally, it had a seven-year ratification deadline, which was later extended until 1982. However, only 35 states ratified it, falling short of the required 38.
In 2017, Nevada became the 36th state to ratify the amendment, defying the original deadline. Illinois and Virginia followed suit in 2018 and 2020, respectively. Despite these actions, the Archivist refused to certify the ERA, leading to lawsuits from the three states.
The D.C. District Court dismissed the case, ruling that the states lacked standing. In February 2023, the D.C. Circuit Court upheld this decision.
Supporters applaud Biden’s declaration
Democratic leaders quickly praised Biden’s declaration. Rep. Teresa Leger Fernández, chair of the Democratic Women’s Caucus, called it “a historic step forward” in the fight for gender equality.
“For generations, women have fought to ensure the Constitution explicitly guarantees equal rights for all,” Fernández said. “This is more than just words; it’s a commitment to equal pay, protection from violence, and dignity for everyone. As a mother and chair of the largest-ever Democratic Women’s Caucus, I commend this progress.”
Fernández also vowed to continue efforts to ensure the ERA’s official ratification and its protection in every part of America.
Despite the legal hurdles, Biden’s declaration sends a strong message of commitment to gender equality. The debate over the ERA’s place in the Constitution is far from over, but for now, the battle for gender equality is gaining momentum. The fight to officially enshrine equal rights continues, and Biden’s statement signals an unwavering belief in its inevitability.
