WASHINGTON — On Friday, President Joe Biden made a significant announcement regarding the Equal Rights Amendment (ERA), asserting that it should be treated as a ratified part of the U.S. Constitution. This declaration, while symbolically important, is not expected to change the ongoing efforts toward achieving gender equality.
Biden stated, “The Equal Rights Amendment is the law of the land,” despite the fact that the constitutional ratification process does not involve presidential authority. He refrained from instructing the National Archives’ leader to officially certify the amendment, an action that some advocates had urged, thus avoiding potential legal complications.
This remark is one of many significant claims Biden has made as he approaches the end of his presidency, seeking to finalize numerous initiatives and enhance his legacy during his single term. Among these initiatives, he has also expressed support for prohibiting stock trading by congressional members and proposed setting term limits for Supreme Court justices—issues he had not endorsed until recently.
With his approval ratings low and political capital dwindling as he prepares for the transition to Donald Trump on Monday, Biden’s timing has led to frustration among some supporters who feel he should have taken action sooner.
The Equal Rights Amendment was initially proposed in 1972 to prohibit discrimination on the basis of gender. Virginia’s ratification in 2020 marked the 38th state to approve the amendment, although this occurred after the deadline set by Congress, resulting in an ongoing legal debate about its validity.
Over the years, Democrats and advocacy groups have been vocal in urging for the amendment’s recognition as ratified, but Biden’s affirmation only came this past Friday.
“I wish it had been accomplished sooner because it holds such significance,” remarked Christian F. Nunes, president of the National Organization for Women. “While it’s essential that we address this now, we cannot afford to postpone protections for women and equal rights in our country any longer.”
Noreen Farrell, executive director of Equal Rights Advocates, expressed her wish that Biden’s announcement could have arrived earlier, potentially swaying the National Archives’ leader, who has been hesitant to certify the amendment due to the elapsed ratification deadline.
“Nonetheless, we remain hopeful that this will help generate momentum, even at this late stage,” Farrell remarked.
In response to queries about his late intervention, Biden justified his delay in making a statement by indicating he needed to gather all relevant information. Earlier that day, he issued a statement reflecting that “it is long past time to recognize the will of the American people.”
“In line with my constitutional duty, I affirm my belief, shared by three-fourths of the states, that the 28th Amendment is the law of the land, guaranteeing equal rights and protections to all Americans, regardless of gender,” he added.
However, Biden’s endorsement is not expected to change the current situation. The National Archives reiterated its stance on Friday, stating that “the fundamental legal and procedural issues have not changed.”
Activists gathered outside the National Archives to celebrate Biden’s statement while urging the archivist to act.
“Do your job,” said Zakiya Thomas, the leader of the ERA Coalition. “The president has done his part.”
Claudia Nachega, a representative of the Young Feminist Party, noted that certifying the Equal Rights Amendment could signify “the dawn of a new American era that gives us a fighting chance against a second Trump presidency.”
This article also clarifies that Virginia ratified the Equal Rights Amendment in 2020, not 2000.
