Biden Declares Equal Rights Amendment Should Be Ratified/ Newslooks/ WASHINGTON/ J. Mansour/ Morning Edition/ President Joe Biden stated that the Equal Rights Amendment (ERA) should be recognized as the 28th Amendment, symbolically affirming gender equality under U.S. law. However, legal and procedural hurdles remain, as the National Archives reiterated that it cannot certify the amendment without a congressional deadline extension. The ERA was ratified by 38 states as of 2020, decades after the original deadline.
Biden Pushes for Equal Rights Amendment Recognition: Quick Looks
- Biden’s Statement: Declared the ERA ratified and called it the “law of the land.”
- National Archives Position: Certification blocked due to expired congressional deadlines.
- Historical Context: ERA first introduced in 1972, missed ratification deadlines in 1979 and 1982.
- Key Milestone: Virginia became the 38th state to ratify the ERA in 2020.
- Procedural Hurdles: Courts or Congress must address the expired deadlines for certification.
- Public Advocacy: Rally held outside the National Archives to push for ERA certification.
Biden Declares Equal Rights Amendment Should Be Ratified
Deep Look
In a symbolic gesture just days before leaving office, President Joe Biden declared Friday that the Equal Rights Amendment (ERA) should be recognized as the 28th Amendment to the U.S. Constitution. His statement underscored the importance of enshrining gender equality in federal law, though legal and procedural barriers remain.
Biden’s Statement
Biden asserted, “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.” His announcement reflects a longstanding push for gender equality but does not alter the amendment’s stalled legal status.
National Archives Stance
The National Archives, the body responsible for certifying constitutional amendments, reiterated its position that the ERA cannot be recognized without congressional action. The agency cited the expired ratification deadlines set by Congress in 1979 and later extended to 1982.
“The underlying legal and procedural issues have not changed,” the Archives stated, rejecting the possibility of immediate certification.
A Long Path to Ratification
The ERA was introduced in 1972 to prohibit discrimination based on gender. Congress set an initial seven-year ratification deadline, later extended by three years. By 1982, only 35 of the required 38 states had ratified the amendment.
In 2020, Virginia became the 38th state to ratify the ERA, reigniting debates over its legal viability. However, legal experts and advocates agree that Congress or the courts must address the expired deadlines before the ERA can be certified.
Advocacy Efforts
Biden’s statement aligns with ongoing advocacy for the ERA. Members of Congress and supporters held a rally outside the National Archives on Friday, urging recognition of the amendment and calling for action to resolve the deadline issue.
Looking Forward
While Biden’s symbolic declaration amplifies calls for gender equality, the ERA’s certification remains a legal and procedural challenge. Advocates will likely continue pushing for congressional action or court rulings to solidify the amendment’s status.
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