Official announcements from the National Archives and Records Administration

Biden Declares Equal Rights Amendment Ratified Amid Legal Uncertainty

Jan 17, 2025, 06:40 PM

President Joe Biden declared that the Equal Rights Amendment (ERA) should be considered a ratified addition to the U.S. Constitution, proclaiming it the "28th Amendment" and 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 stated. He emphasized his five-decade support for the ERA, adding, “We, as a nation, must affirm and protect women’s full equality once and for all.” The ERA, first proposed in 1972, aims to guarantee equal rights under the law regardless of sex, prohibiting discrimination based on gender. Virginia became the 38th state to ratify the amendment on January 27, 2020, reaching the three-fourths threshold required for constitutional amendments. However, legal experts and officials note that the ERA's ratification process has been contentious. The amendment did not secure ratification before the deadline set by Congress, and several states have rescinded their ratifications. The U.S. Archivist has stated that the amendment cannot be certified without further action by Congress. Biden's declaration, made just days before the end of his presidency, is seen by many as a symbolic move to advance gender equality. While he is not ordering the Archivist to publish the ERA, supporters praised his stance as a reaffirmation of commitment to women's rights. Critics argue that the president lacks the authority to unilaterally declare a constitutional amendment ratified. The debate over the ERA's validity is expected to continue, with potential legal challenges looming.