President Joe Biden announced Friday that the Equal Rights Amendment should be considered a ratified addition to the U.S. Constitution, supporting a push for change more than a century after the guarantee of gender equality was first proposed.
“It is long past time to acknowledge the will of the American people,” Biden said.
“In accordance with my oath and duty to the Constitution and the country, I affirm what I believe and what three-quarters of the states have ratified: the 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protection under the law regardless of their sex.”
It was unclear what practical effect the outgoing Democratic president’s comments might have, days before he is to be replaced by Republican Donald Trump.
Presidents have no role in the amendment process. And the head of the National Archives previously said the amendment could not be certified because it was not ratified before the deadline set by Congress.
First proposed more than a century ago, the ERA declares that “Equality of rights under the law shall not be denied or limited by the United States or any State on account of sex.”
Its supporters say it is needed to protect against gender discrimination and help achieve equal pay, while opponents argue the original schedule for it to become part of the US constitution has passed and the amendment is no longer needed.
Here’s a quick overview of what the ERA is, how long it’s been debated, and what Biden’s action means:
What is the Equal Rights Amendment?
The ERA is a ban on sex discrimination from the 1970s, which guarantees men and women equal rights under the law. As a constitutional amendment, it needs to be ratified by three-quarters of the states before it can be added to the US Constitution.
How long is the effort to codify the ERA?
The ERA has been debated since Congress originally approved it.
The ERA was originally sent to the states for ratification in 1972, and Congress set a deadline of 1979 for three-quarters of state legislatures to ratify it. That deadline was then extended until 1982.
But it wasn’t until nearly 40 years later, in 2020, that Virginia lawmakers voted to ratify the amendment, meaning the required 38 states had ratified it.
Congress attempted to override the amendment’s ratification deadline in 2023, but the measure fell short of the required 60-vote threshold in the Senate.
What is the archivist’s role in ERA certification?
The Director of the State Archives is responsible for certifying and publishing new amendments after they meet the required ratification threshold.
Last month, the United States archivist and deputy archivist said in a rare joint statement that the ERA could not be certified without further action by Congress or the courts, saying both entities must change the deadline for considering the amendment as certified.
A senior Biden administration official, speaking on condition of anonymity to discuss White House plans, said the Democratic president had not ordered the archivist to certify the amendment.
Does Biden’s action change anything regarding the ERA?
Not really. Biden’s move is largely symbolic — and it’s unclear whether his statement will have any impact. Presidents have no role in the amendment process.
And the head of the National Archives said the amendment could not be certified because it was not ratified before the deadline set by Congress.
Democrats have been pushing Biden to act unilaterally on his ratification before he leaves office next week, and some members of Congress planned to gather Friday at the National Archives.
Senator Kirsten Gillibrand, who led the effort among Senate Democrats, insisted that the archivists’ analysis was flawed.
Gillibrand previously said that Colleen Shogan was “wrongfully inserting herself into a clear constitutional process, despite the fact that her role is purely ministerial,” encouraging Biden to confirm the ERA anyway despite Shogan’s objections.
