Official publication by the National Archives

Biden Symbolically Declares Equal Rights Amendment Ratified Amid Legal Uncertainty

Jan 17, 2025, 06:08 PM

President Joe Biden has declared that he believes the Equal Rights Amendment (ERA) should be considered a ratified addition to the U.S. Constitution, effectively recognizing it as the 28th Amendment. In a symbolic move days before leaving office, Biden stated that the ERA has met the necessary requirements for ratification after recent approvals by three additional states. However, he is not ordering the National Archivist to formally publish the amendment, as the Archivist has stated that Congress must act due to the ratification deadline set in 1982. The ERA, which was first passed by Congress in 1972, seeks to prohibit discrimination on the basis of sex. Legal experts note that several states have rescinded their ratifications, and the amendment's status remains contested. Biden said, "We, as a nation, must affirm and protect women’s full equality once and for all." His announcement sets up a potential legal battle over the constitutional status of the ERA.