President Biden Declares Equal Rights Amendment as Constitutional Law

In a historic proclamation on January 17, 2025, President Joe Biden asserted that the Equal Rights Amendment (ERA) has achieved the status of the 28th Amendment to the United States Constitution. This declaration aims to enshrine gender equality into the nation's foundational legal document, marking a significant milestone in the century-long pursuit of equal rights. 

The Equal Rights Amendment: A Century-Long Journey

The ERA, first proposed in 1923, articulates that "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." Despite its introduction over a century ago, the amendment has faced numerous legislative hurdles. In 1972, Congress approved the ERA, initiating the process of state ratifications. However, the original deadline for ratification expired in 1982, with only 35 of the required 38 states having ratified the amendment. 

Virginia's Ratification and Legal Controversies

In 2020, Virginia became the 38th state to ratify the ERA, seemingly fulfilling the constitutional requirement for amendments. Nonetheless, opponents argue that the ratification came decades past the original deadline, rendering it invalid. The National Archivist, responsible for certifying constitutional amendments, concurred with this perspective, stating that the ERA could not be certified due to the expired deadline.

President Biden's Proclamation

President Biden's recent statement challenges the notion that the ratification deadline negates the ERA's validity. He emphasized that the amendment has met all necessary constitutional requirements and should be recognized as part of the Constitution. "In keeping with my oath and duty to Constitution and country, I affirm what I believe and what three-fourths of the states have ratified: The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex," Biden declared. 

While President Biden's declaration is a significant endorsement of the ERA, its immediate legal impact remains uncertain. The statement was issued just days before the transition to President-elect Donald Trump's administration, which may hold differing views on the amendment's validity. Additionally, the National Archives has maintained that without congressional action to remove the ratification deadline, the ERA cannot be officially certified. 

The Ongoing Fight for Gender Equality

The ERA's potential incorporation into the Constitution holds profound implications for gender equality in the United States. Advocates argue that it would provide a stronger legal foundation against sex-based discrimination and could address disparities such as the gender pay gap. As of 2023, women in the U.S. earned 84 cents for every dollar earned by men, with Black women earning 69 cents for every dollar earned by white men. The ERA could serve as a critical tool in rectifying such inequities. 

President Biden's affirmation of the Equal Rights Amendment as the 28th Amendment represents a pivotal moment in the ongoing struggle for gender equality. However, the path to its full recognition and implementation is fraught with legal and political challenges. The coming months will be crucial in determining whether the ERA will be fully integrated into the Constitution, solidifying equal rights regardless of sex as a fundamental tenet of American law.