Biden Affirms Equal Rights Amendment as ‘Law of the Land,’ Challenging Archivist’s Stance

WASHINGTON — President Joe Biden issued a statement on Friday advocating for the inclusion of the Equal Rights Amendment (ERA) as the 28th Amendment to the U.S. Constitution. This declaration follows the recent stance of the Archivist of the United States, which claimed the amendment could not be added.

Biden’s announcement, spanning three paragraphs, was notable for its timing, particularly as it comes close to the end of his presidency. He referenced the ratification by Virginia nearly four years prior, signaling his stance that the American Bar Association (ABA) recognizes the ERA as having met all necessary requirements for constitutional inclusion. “I agree with the ABA and with leading legal constitutional scholars that the Equal Rights Amendment has become part of our Constitution,” he stated.

The president emphasized the need for the recognition of equal rights under the law, calling it “long past time” to reflect the will of the American populace. He articulated a strong belief that the amendment ensures equal rights and protections for all citizens, irrespective of sex.

In opposition to Biden’s assertion, the Archivist of the United States, Colleen Shogan, along with Deputy Archivist William J. Bosanko, issued a statement in mid-December asserting that the ERA could not be certified due to established legal precedents. Their declaration underscored that the ratification deadline set by Congress for the ERA remains valid, pointing to opinions from the Department of Justice’s Office of Legal Counsel affirming this stance.

Legal experts noted that the Archivist, under current laws, cannot formally publish the Equal Rights Amendment despite Biden’s claims. The ERA states that “equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.”

The journey of the ERA began when Congress approved it in 1972, initiating a ratification process originally aimed to last seven years. However, by the extended deadline of 1982, only 35 of the required 38 states had ratified the amendment, according to a report from the Congressional Research Service (CRS).

The narrative shifted in 2017 when Nevada ratified the amendment, igniting a renewed debate over whether the ratification timeline could be disregarded. This was followed by Illinois and Virginia in subsequent years, which led these states to pursue legal action against the Archivist when the amendment was not published.

The lawsuit was dismissed by the U.S. District Court for the District of Columbia, with that ruling upheld by the D.C. Circuit Court in early 2023, indicating the complexities surrounding the status of the ERA.

In response to Biden’s statement, Rep. Teresa Leger Fernández, chair of the Democratic Women’s Caucus, praised the initiative as a significant advance in the fight against gender discrimination. She described the ERA as a vital commitment to ensuring equal rights, emphasizing its implications for equal pay, protection against violence, and dignity for all individuals.

Fernández also reaffirmed the ongoing effort to officially ratify the amendment, underscoring the importance of protecting the rights it entails across America.

Last updated 10:26 a.m., Jan. 17, 2025