With just two days left in office, President Joe Biden announced Friday that the Equal Rights Amendment (ERA) has officially become part of the U.S. Constitution. In a historic and controversial move, Biden declared that the ERA, which aims to guarantee equal rights under the law regardless of sex, is now the 28th Amendment.
“I have supported the Equal Rights Amendment for more than 50 years, and I have long been clear that no one should be discriminated against based on their sex,” Biden said in a statement. “We, as a nation, must affirm and protect women’s full equality once and for all.”
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Biden cited the ratification of the ERA by Virginia on January 27, 2020, as the 38th state to approve the measure, meeting the constitutional threshold for adoption. He also referenced the endorsement of the American Bar Association (ABA) and legal scholars who argue that the ERA has cleared all necessary hurdles to be formally recognized as part of the Constitution.
“In keeping with my oath and duty to Constitution and country, I affirm what I believe and what three-fourths of the states have ratified: the 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex,” Biden stated.
The ERA has faced significant legal and political challenges since Congress passed it in 1972, initially imposing a seven-year deadline for ratification by the states. While Congress later extended the deadline to 1982, opponents argue that the ERA’s window for ratification has long since expired. Supporters contend that the deadline is not binding and that Virginia’s ratification in 2020 met the necessary criteria.
Critics of Biden’s declaration argue that the president does not have the authority to unilaterally declare constitutional amendments valid, as the process requires certification by the National Archivist and could involve judicial review.
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Advocates for the ERA applauded Biden’s announcement as a long-overdue recognition of gender equality.
Legal experts predict that Biden’s move will face immediate legal challenges, potentially setting up a high-stakes constitutional battle in federal courts. The issue may ultimately be decided by the Supreme Court, which could clarify whether the ERA’s ratification process remains valid decades after its initial deadline.
As Biden prepares to leave office, his announcement ensures that the ERA will remain a focal point in America’s ongoing debate over gender equality and the constitutional amendment process.
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