President Joe Biden announced on Friday his opinion that the Equal Rights Amendment (ERA) is ratified, establishing it as the 28th Amendment to the Constitution. The ERA, passed by Congress in 1972, guarantees equal rights regardless of sex. After decades of inaction, Virginia became the 38th state to ratify the amendment in 2020, meeting the threshold for constitutional amendments. Biden’s statement reinforces his belief that the amendment is now part of the Constitution, though no executive action was taken.
This move is likely to face significant legal challenges due to lapsed ratification deadlines and several states rescinding their approval. Biden cited support from constitutional scholars and the American Bar Association, arguing that the text of the ERA includes no time limit and that states cannot retract ratifications. However, the archivist of the United States, Dr. Colleen Shogan, has maintained that the ERA cannot be certified due to established legal opinions.
Senator Kirsten Gillibrand has advocated for the ERA’s certification, viewing it as a path to secure women’s rights and equality following the Supreme Court’s overturning of Roe v. Wade. Biden’s announcement joins a series of final actions aimed at cementing his legacy as he prepares to leave office, including clemency for nonviolent offenders, environmental protections, and student loan debt relief. However, many of these actions could be reversed by President-elect Donald Trump, who has criticized Biden’s efforts as obstructive and vowed to undo much of his predecessor’s agenda. Ultimately, the future of the ERA will likely be determined by the courts.
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