President Joe Biden declared on Friday that the Equal Rights Amendment (ERA) should be regarded as a ratified addition to the U.S. Constitution, bringing renewed attention to the long-standing battle for gender equality in the United States.
Biden made the statement even though the role of the president does not extend to certifying constitutional amendments, a step that remains in the hands of the National Archives. Despite this, Biden’s affirmation represents a symbolic endorsement, marking a significant moment in a decades-long push for gender equality.
“The Equal Rights Amendment is the law of the land,” Biden remarked, stressing the importance of the amendment and the support it has garnered. While he did not order the National Archives to officially certify the amendment, Biden’s words reignite a conversation that has faced numerous hurdles, including a deadline extension controversy and legal challenges.
The Equal Rights Amendment, originally sent to the states in 1972, seeks to guarantee equality under the law regardless of sex. In 2020, Virginia became the 38th state to ratify the amendment, meeting the threshold for approval but doing so after Congress’ self-imposed deadline had passed. This discrepancy has led to legal uncertainty over the amendment’s validity, with some activists urging action from the National Archives.
Biden’s stance, though widely applauded, also faced criticism for its timing. Many activists, like Christian F. Nunes of the National Organization for Women (NOW), expressed regret that the announcement did not come sooner. Nunes emphasized that while Biden’s endorsement is significant, the delay in action continues to impact women’s rights across the country. “We can’t continue to delay women’s protections and equal rights in this country,” Nunes stated.
Noreen Farrell, Executive Director of Equal Rights Advocates, voiced a similar sentiment, wishing Biden’s statement had come earlier to potentially influence the National Archives’ stance. However, she remains hopeful that the recent declaration will generate momentum for the movement.
Despite Biden’s support, the National Archives has reiterated its position that the legal and procedural issues surrounding the ERA remain unchanged. Activists gathered outside the Archives in a show of solidarity, urging the organization to take decisive action. Zakiya Thomas, head of the ERA Coalition, urged the Archives to “do your job,” a sentiment echoed by Claudia Nachega, a leader in the Young Feminist Party. “Certifying the Equal Rights Amendment would signal the beginning of a new American era,” Nachega said.
In a statement, Biden reaffirmed his belief that the ERA represents the will of the American people. “It is long past time to recognize the will of the American people,” Biden said. “The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex.”
Biden’s announcement adds to his series of final-year declarations, including calls for stock trading bans for Congress members and term limits for Supreme Court justices. As Biden prepares to leave office, his words on the ERA may shape the debate for years to come, even if they do not immediately change the legal landscape.
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