Court filings and state government announcements

Biden Declares ERA Ratified as 28th Amendment Despite Expired Deadline

Jan 17, 2025, 06:53 PM

President Joe Biden has declared that the Equal Rights Amendment (ERA) should be considered a ratified addition to the US Constitution, effectively recognizing it as the 28th Amendment. In his announcement, Biden stated, "Today I affirm the Equal Rights Amendment has cleared all the necessary hurdles to be added to the U.S. Constitution. The Equal Rights Amendment is the law of the land now. It's the 28th Amendment to the Constitution now." This move comes shortly before the end of his term, with President-elect Donald Trump set to take office. Biden's declaration has sparked legal debate, as the ERA, which aims to prohibit discrimination based on sex, was passed by Congress in 1972 but failed to be ratified by the required number of states before the 1982 deadline. Justice Ruth Bader Ginsburg had previously stated in 2020 that ERA advocates would need to start the process over due to the missed deadline. The National Archives and Records Administration (NARA), responsible for certifying constitutional amendments, has confirmed that the ERA cannot be certified as part of the Constitution due to the expired deadline and that the president does not have a formal role in the amendment process. Biden's own Department of Justice had similarly argued that the ERA was not properly ratified. Critics argue that Biden's action is symbolic and lacks legal standing. Nevertheless, supporters view this as a significant step toward enshrining gender equality in the Constitution, noting that 38 states have ratified the ERA, surpassing the threshold required by the Constitution.