Official announcements from the National Archives and major news outlets

Days Before Leaving Office, Biden Affirms Equal Rights Amendment as 28th Amendment Despite Legal Obstacles

Jan 17, 2025, 04:51 PM

President Joe Biden, days before leaving office, announced that he considers the Equal Rights Amendment (ERA) to be the 28th Amendment to the U.S. Constitution, stating that it has been ratified by three-fourths of the states and is therefore the law of the land. "Today I'm affirming what I have long believed and what three-fourths of the states have ratified: The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex," Biden declared. However, Biden has no formal role in the ratification process and is not ordering the archivist to certify the amendment. The National Archives has indicated that it cannot certify the ERA without congressional action or a court order, as the ratification deadline set by Congress in the 1970s has expired, and some states have rescinded their ratifications. Legal experts note that Biden's symbolic statement may not alter the amendment's legal status, and a legal battle may loom over the ERA's recognition.