WASHINGTON — On Friday, President Joe Biden made a notable statement declaring that the Equal Rights Amendment (ERA) is officially “the law of the land.” However, this proclamation is expected to initiate further discussions and challenges in both Congress and the judiciary regarding the constitutional ban on gender discrimination.
The Equal Rights Amendment, originally introduced in the 1970s, aims to prevent discrimination based on gender by ensuring equal rights for men and women under the law. To become part of the U.S. Constitution, the amendment must secure ratification from three-fourths of U.S. states.
The ongoing effort to ratify the ERA has been a topic of discourse since it was first passed by Congress. The amendment was sent to state legislatures for ratification in 1972, with an original deadline set for 1979. This deadline was subsequently extended to 1982.
Significantly, it wasn’t until 2020 that Virginia lawmakers voted to ratify the ERA, reaching the 38-state requirement necessary for its adoption. Attempts made in 2023 by Congress to eliminate the ratification deadline were met with failure, as the proposal did not achieve the 60-vote threshold needed in the Senate.
The responsibility for certifying and publishing new amendments falls to the director of the National Archives. Recently, the archivist and deputy archivist of the United States jointly clarified in an unusual statement that the ERA could not be certified without congressional or judicial action to amend the deadline.
A senior official from the Biden administration, who chose to remain anonymous, indicated that the president was not instructing the archivist to certify the amendment at this time.
Biden’s declaration regarding the ERA is largely seen as a symbolic gesture, and its effect on the amendment process remains uncertain. The president does not play a direct role in amending the Constitution. Additionally, the leader of the National Archives reiterated that the amendment cannot be certified due to not being ratified before Congress’ established deadline.
With Biden facing pressure from Democrats to take unilateral action on the ERA before his term concludes, some members of Congress gathered on Friday at the National Archives to advocate for the amendment’s ratification.
Senator Kirsten Gillibrand, a prominent supporter of the amendment in the Senate, has criticized the archivist’s interpretation as incorrect. Gillibrand contended that Colleen Shogan was “wrongfully inserting” herself into a constitutional process, given her role should be merely administrative, and urged Biden to certify the ERA despite the archivist’s stance.
