Biden Proclaims Equal Rights Amendment as U.S. Law Despite Legal Challenges
President Biden's statement claims the Equal Rights Amendment as the 28th Amendment to the Constitution, despite not having met the legal criteria for ratification.
WASHINGTON, Jan 17, 2025 — U.S. President Joe Biden on Friday proclaimed the Equal Rights Amendment (ERA) to be the 'law of the land,' despite ongoing legal and procedural challenges hindering its official addition to the Constitution.
The announcement comes just days before Biden is set to leave office, with President-elect Donald Trump taking over on Monday.
Background on the Equal Rights Amendment
First proposed in 1923, the ERA asserts: 'Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.' It was approved by Congress in 1972 and sent to the states for ratification.
Constitutional amendments require the approval of three-fourths, or 38, of the 50 state legislatures within a certain period.
By the original 1982 deadline, only 35 states had ratified the ERA, falling short of the required number.
In 2020, Virginia became the 38th state to ratify the amendment, rekindling debate over its validity.
Opponents assert the ratification deadline has long passed, while supporters argue that the Constitution does not set time limits on the ratification process.
Biden’s Statement and Legal Context
In his announcement, Biden expressed his view that the ERA has cleared the necessary hurdles to become the 28th Amendment.
'The Equal Rights Amendment is now the law of the land,' he declared.
However, the National Archivist, who is in charge of certifying and publishing constitutional amendments, stated as recently as December 2024 that the ERA could not be added to the Constitution due to legal precedents and procedural constraints.
Legislative and Judicial Developments
Efforts to revive the ERA have encountered significant obstacles.
In 2023, the U.S. Senate voted 51-47 in favor of removing the 1982 deadline, which was short of the 60 votes needed to surpass the filibuster threshold.
Two Republican senators joined Democrats in supporting the initiative.
The Trump administration previously issued a legal opinion in 2020 asserting that the ratification process for the ERA would need to start anew.
President-elect Trump has conveyed opposition to the amendment, and it remains uncertain how his administration will address this issue.
Ongoing Gender Pay Disparities
ERA supporters argue that it is crucial for combating systemic gender discrimination and bridging the pay gap.
According to the U.S. Department of Labor, women working full-time year-round earned 84 cents for every dollar earned by men in 2023, with Black women earning 69 cents for every dollar earned by white men.
Current Legal Status
The National Archivist’s statement from December 2024 confirmed that the ERA could not be certified due to established legal and judicial decisions.
As a result, the ERA remains in a state of legal uncertainty, with its status as a constitutional amendment unacknowledged by procedural authorities.
Biden’s declaration is unlikely to bring about immediate changes but underscores the enduring debate surrounding the ERA.
Proponents of the amendment continue to urge legislative action to address its ratification and ensure protection against gender-based discrimination.
The announcement comes just days before Biden is set to leave office, with President-elect Donald Trump taking over on Monday.
Background on the Equal Rights Amendment
First proposed in 1923, the ERA asserts: 'Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.' It was approved by Congress in 1972 and sent to the states for ratification.
Constitutional amendments require the approval of three-fourths, or 38, of the 50 state legislatures within a certain period.
By the original 1982 deadline, only 35 states had ratified the ERA, falling short of the required number.
In 2020, Virginia became the 38th state to ratify the amendment, rekindling debate over its validity.
Opponents assert the ratification deadline has long passed, while supporters argue that the Constitution does not set time limits on the ratification process.
Biden’s Statement and Legal Context
In his announcement, Biden expressed his view that the ERA has cleared the necessary hurdles to become the 28th Amendment.
'The Equal Rights Amendment is now the law of the land,' he declared.
However, the National Archivist, who is in charge of certifying and publishing constitutional amendments, stated as recently as December 2024 that the ERA could not be added to the Constitution due to legal precedents and procedural constraints.
Legislative and Judicial Developments
Efforts to revive the ERA have encountered significant obstacles.
In 2023, the U.S. Senate voted 51-47 in favor of removing the 1982 deadline, which was short of the 60 votes needed to surpass the filibuster threshold.
Two Republican senators joined Democrats in supporting the initiative.
The Trump administration previously issued a legal opinion in 2020 asserting that the ratification process for the ERA would need to start anew.
President-elect Trump has conveyed opposition to the amendment, and it remains uncertain how his administration will address this issue.
Ongoing Gender Pay Disparities
ERA supporters argue that it is crucial for combating systemic gender discrimination and bridging the pay gap.
According to the U.S. Department of Labor, women working full-time year-round earned 84 cents for every dollar earned by men in 2023, with Black women earning 69 cents for every dollar earned by white men.
Current Legal Status
The National Archivist’s statement from December 2024 confirmed that the ERA could not be certified due to established legal and judicial decisions.
As a result, the ERA remains in a state of legal uncertainty, with its status as a constitutional amendment unacknowledged by procedural authorities.
Biden’s declaration is unlikely to bring about immediate changes but underscores the enduring debate surrounding the ERA.
Proponents of the amendment continue to urge legislative action to address its ratification and ensure protection against gender-based discrimination.
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