In a groundbreaking move just days before leaving office, President Joe Biden declared that the Equal Rights Amendment (ERA) has officially become the 28th Amendment to the U.S. Constitution. This decision is drawing attention nationwide, as Biden affirms that the ERA, which guarantees equal rights under the law regardless of sex, is now an integral part of American law.
“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,” President Biden said in a statement, reinforcing his lifelong commitment to ensuring full equality for women. His words reflect a deep conviction: “We, as a nation, must affirm and protect women’s full equality once and for all.”
This announcement follows Virginia’s ratification of the ERA on January 27, 2020, the 38th state to approve the amendment, meeting the constitutional threshold for adoption. Biden’s statement also references the backing of the American Bar Association (ABA) and leading legal scholars, who argue that the ERA has already met all the necessary requirements for recognition as part of the U.S. 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 emphasized.
However, the road to this moment has not been easy. The ERA has faced numerous legal challenges since Congress passed it in 1972, initially imposing a seven-year deadline for ratification by the states. While Congress extended this deadline to 1982, critics argue that the deadline has long since passed. On the other hand, supporters of the ERA argue that the deadline is not legally binding, especially with Virginia’s 2020 ratification, which they believe meets the necessary criteria.
Despite the celebration from ERA supporters, Biden’s move has sparked debate over its legality. Critics contend that the president does not have the authority to unilaterally declare constitutional amendments valid, as this process typically requires certification by the National Archivist and may need judicial review.
Legal experts predict that Biden’s decision will soon face legal challenges, potentially setting the stage for a landmark constitutional battle in the federal courts. The outcome of this battle may ultimately be determined by the U.S. Supreme Court, which could offer a final ruling on whether the ERA’s ratification process remains valid after the extended deadline.
As President Biden’s term comes to a close, his decision to declare the ERA as the 28th Amendment ensures that gender equality will continue to be a central issue in the ongoing national debate about the Constitution and civil rights.
