Official publications by the U.S. National Archives

Biden Declares Equal Rights Amendment Ratified, Archivist Cites Lack of Authority

Jan 17, 2025, 04:06 PM

In the final days of his presidency, President Joe Biden declared that the Equal Rights Amendment (ERA) should be considered ratified and part of the U.S. Constitution as the 28th Amendment, affirming it as "the law of the land." The ERA aims to prohibit discrimination based on sex, guaranteeing all Americans equal rights and protections under the law regardless of their sex. Despite this declaration, Biden is not ordering the U.S. archivist to formally publish the amendment, and the archivist has previously stated that the president does not have the authority to ratify constitutional amendments. Legal and constitutional challenges remain regarding the ERA's ratification, as its deadline expired in 1982 without the necessary number of states approving it. While supporters praise Biden's action as a significant step toward gender equality, critics argue that his move lacks legal standing and may be unconstitutional. Additionally, Biden's announcement was fact-checked by Community Notes on social media platforms.