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Thursday, Feb 06, 2025
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Biden Proclaims Equal Rights Amendment as U.S. Law Despite Legal Challenges
President Biden's statement claims the Equal Rights Amendment is the 28th Amendment to the Constitution, despite not having met the legal requirements for ratification.
WASHINGTON, Jan 17, 2025 — On Friday, U.S. President Joe Biden proclaimed that the Equal Rights Amendment (ERA) is now the 'law of the land,' despite ongoing legal and procedural challenges that hinder its official incorporation into the Constitution.
This announcement was made just three days before Biden is set to depart the office, with President-elect Donald Trump scheduled to take over the presidency on Monday.
Background on the Equal Rights Amendment
The ERA, initially proposed in 1923, stipulates: 'Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.' It was approved by Congress in 1972 and forwarded to the states for ratification.
For an amendment to be added to the U.S. Constitution, it must be ratified by three-fourths, or 38, of the 50 state legislatures within a specified timeframe.
By the initial 1982 deadline, only 35 states had ratified the ERA, falling short of the necessary threshold.
In 2020, Virginia became the 38th state to ratify the amendment, sparking renewed debate over its validity.
Critics maintain that the ratification deadline has long since passed, while proponents argue that the Constitution does not impose time constraints on the ratification process.
Biden’s Statement and Legal Context
In his statement, Biden expressed his belief that the ERA has overcome all essential hurdles to become the 28th Amendment.
'The Equal Rights Amendment is the law of the land now,' he announced.
However, the National Archivist, who is responsible for certifying and publishing constitutional amendments, stated as recently as December 2024 that due to legal precedents and procedural barriers, the ERA could not be added to the Constitution.
Legislative and Judicial Developments
Efforts to revive the ERA have encountered significant challenges.
In 2023, the U.S. Senate voted 51-47 in favor of lifting the 1982 deadline, but this fell short of the 60 votes needed to surpass the filibuster threshold.
Two Republican senators joined Democrats in support of the effort.
The Trump administration had previously issued a legal opinion in 2020, asserting that the ERA’s ratification process would need to start anew.
President-elect Trump has indicated his opposition to the amendment, and his administration's approach to the issue remains uncertain.
Ongoing Gender Pay Disparities
Supporters of the ERA argue that it is essential for addressing systemic gender discrimination and bridging the pay gap.
According to the U.S. Department of Labor, in 2023, women working full-time year-round earned 84 cents for every dollar earned by men, with Black women earning 69 cents for every dollar earned by white men.
Current Legal Status
The National Archivist’s December 2024 statement confirmed that the ERA could not be certified due to established legal and judicial rulings.
As such, the ERA remains in a state of legal uncertainty, with its status as a constitutional amendment unacknowledged by procedural authorities.
Biden’s declaration is unlikely to lead to immediate changes but emphasizes the ongoing debate surrounding the ERA.
Advocates for the amendment continue to urge legislative action to address its ratification and ensure protections against gender-based discrimination.
This announcement was made just three days before Biden is set to depart the office, with President-elect Donald Trump scheduled to take over the presidency on Monday.
Background on the Equal Rights Amendment
The ERA, initially proposed in 1923, stipulates: 'Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.' It was approved by Congress in 1972 and forwarded to the states for ratification.
For an amendment to be added to the U.S. Constitution, it must be ratified by three-fourths, or 38, of the 50 state legislatures within a specified timeframe.
By the initial 1982 deadline, only 35 states had ratified the ERA, falling short of the necessary threshold.
In 2020, Virginia became the 38th state to ratify the amendment, sparking renewed debate over its validity.
Critics maintain that the ratification deadline has long since passed, while proponents argue that the Constitution does not impose time constraints on the ratification process.
Biden’s Statement and Legal Context
In his statement, Biden expressed his belief that the ERA has overcome all essential hurdles to become the 28th Amendment.
'The Equal Rights Amendment is the law of the land now,' he announced.
However, the National Archivist, who is responsible for certifying and publishing constitutional amendments, stated as recently as December 2024 that due to legal precedents and procedural barriers, the ERA could not be added to the Constitution.
Legislative and Judicial Developments
Efforts to revive the ERA have encountered significant challenges.
In 2023, the U.S. Senate voted 51-47 in favor of lifting the 1982 deadline, but this fell short of the 60 votes needed to surpass the filibuster threshold.
Two Republican senators joined Democrats in support of the effort.
The Trump administration had previously issued a legal opinion in 2020, asserting that the ERA’s ratification process would need to start anew.
President-elect Trump has indicated his opposition to the amendment, and his administration's approach to the issue remains uncertain.
Ongoing Gender Pay Disparities
Supporters of the ERA argue that it is essential for addressing systemic gender discrimination and bridging the pay gap.
According to the U.S. Department of Labor, in 2023, women working full-time year-round earned 84 cents for every dollar earned by men, with Black women earning 69 cents for every dollar earned by white men.
Current Legal Status
The National Archivist’s December 2024 statement confirmed that the ERA could not be certified due to established legal and judicial rulings.
As such, the ERA remains in a state of legal uncertainty, with its status as a constitutional amendment unacknowledged by procedural authorities.
Biden’s declaration is unlikely to lead to immediate changes but emphasizes the ongoing debate surrounding the ERA.
Advocates for the amendment continue to urge legislative action to address its ratification and ensure protections against gender-based discrimination.
