Legal filings and court documents

Biden Declares Equal Rights Amendment Ratified Despite Expired Deadline, Reignites Legal Debate

Jan 17, 2025, 03:44 PM

President Joe Biden, in his final days in office, declared that the Equal Rights Amendment (ERA) should be considered the 28th Amendment to the U.S. Constitution, asserting it is now the "law of the land" guaranteeing all Americans equal rights and protections under the law regardless of their sex. Biden stated, "I affirm what I believe and what three-fourths of the states have ratified." His announcement reignites the long-standing debate over the ERA's ratification, which aims to prohibit discrimination based on sex. Critics point out that the ERA's ratification deadline set by Congress expired in 1982 and argue that the President lacks the authority to declare an amendment ratified. The Archivist of the United States has previously indicated that Congress must act for the amendment to be certified. Supporters view Biden's move as a significant advancement for gender equality, while legal experts suggest that the announcement may be largely symbolic without immediate legal effect.