Biden Proclaims Equal Rights Amendment As ‘Law of the Land,’ Defying National Archivist

President Joe Biden stated on Friday his belief that the Equal Rights Amendment (ERA) should be recognized as the 28th Amendment to the U.S. Constitution. This declaration comes despite a conflicting statement from the Archivist of the United States, which asserted that such an addition is not possible.

Biden’s announcement did not clarify why it emerged just days before the end of his presidency. His statement referenced Virginia’s ratification of the ERA nearly four years prior, calling for the amendment’s recognition. “The American Bar Association has recognized that the Equal Rights Amendment has cleared all necessary hurdles to be formally added to the Constitution as the 28th Amendment,” he noted. He further emphasized, “It is long past time to recognize the will of the American people.”

The president affirmed his stance, referencing the support from three-fourths of the states and declaring the ERA a guarantee of equal rights for all Americans, regardless of sex.

In contrast, a December statement from Archivist Colleen Shogan and Deputy Archivist William J. Bosanko declared the ERA could not be certified due to established legal precedents. They noted, “At this time, the Equal Rights Amendment cannot be certified as part of the Constitution due to established legal, judicial, and procedural decisions.” This statement reiterated the stance of the Office of Legal Counsel affirming the validity and enforceability of the ratification deadline originally set by Congress.

The Equal Rights Amendment asserts 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 ERA was first approved by Congress in 1972, initiating a seven-year ratification period. However, despite extending the deadline to 1982, only 35 states ratified the amendment, falling short of the required 38.

In a shift, Nevada became the 36th state to ratify the ERA in 2017, followed by Illinois and Virginia. These states prompted a push for the amendment’s inclusion, leading to a lawsuit initiated in January 2020 after the archivist failed to act. However, the U.S. District Court dismissed the case, citing a lack of standing, a ruling upheld by the D.C. Circuit Court in February 2023.

Democratic Women’s Caucus Chair Rep. Teresa Leger Fernández praised Biden’s declaration as a significant milestone in the quest for gender equality. She stated, “For generations, women have fought tirelessly to ensure that our Constitution explicitly guarantees equal rights for all.” Fernández emphasized the importance of the ERA in securing necessary protections and equity, affirming a commitment to continue the fight for its official ratification.