Biden Declares ERA the 28th Amendment After Three States' Approval, But Archivist Refuses Certification

Jan 17, 2025, 03:04 PM

President Joe Biden, in a statement released days before leaving office, declared his belief that the Equal Rights Amendment (ERA) has been ratified and should be considered the 28th Amendment to the U.S. Constitution. Biden emphasized his 50-year support for the amendment, which he says guarantees equal rights and protections under the law regardless of sex. The ERA, which would prohibit discrimination based on gender, was ratified by Virginia in 2020, becoming the 38th state to do so after recent approvals by three states, meeting the constitutional threshold for ratification. However, Biden's statement does not carry legal force, and he has not directed the Archivist of the United States to publish the amendment officially, despite the Archivist's refusal to certify it due to a missed congressional deadline for ratification.