President Joe Biden made a significant announcement during a recent farewell address, asserting that the Equal Rights Amendment (ERA) has been ratified and now forms part of the U.S. Constitution.
In a historic and controversial move, Biden claimed that the ERA is the 28th Amendment, though constitutional experts quickly weighed in with serious doubt about the validity of the declaration, as the Daily Caller reports.
On Friday, Biden released a statement from the Oval Office, asserting that as of 2020, 38 states had ratified the ERA, fulfilling the requirement for it to be considered "the law of the land." This announcement appeared to be part of his broader effort to cement his legacy in the final days of his presidency.
The White House bolstered Biden's declaration by citing the American Bar Association's support for the claim, which stated that the ERA met all formal requirements for constitutional adoption. Biden echoed this sentiment by aligning his stance with the ABA and various esteemed legal scholars.
Despite this major announcement, significant controversy surrounds the ERA's ratification. The National Archives, Dr. Colleen Shogan, and Deputy Archivist William J. Bosanko stated in December 2024 that the amendment could not be officially certified due to unresolved legal and procedural issues.
The backdrop to this announcement involves a contentious legal environment marked by disputes over the amendment's status. The ERA's journey has been fraught with legal challenges that question its validity years after the initial ratification deadline passed. Further complicating the situation were concerns expressed by opponents of the ERA. Critics argue that the amendment might inadvertently erase recognized gender distinctions, impacting areas such as abortion rights and single-sex spaces, due to its lack of a specific definition for "sex."
In his farewell address, Biden highlighted what he said was his consultation with numerous constitutional scholars, reinforcing his position despite the legal pushback. His administration previously faced setbacks, including federal court challenges to related gender identity protections under Title IX.
Reps. Cori Bush and Ayanna Pressley significantly pushed for the ERA's ratification in 2023. They emphasized the persistent discrimination against women and LGBTQ individuals. Their advocacy highlighted the ongoing legislative battles facing these communities.
Vice President Kamala Harris supported the ERA's incorporation into the Constitution, stating, "Equality is a fundamental promise of our democracy. That is why the Equal Rights Amendment belongs in our Constitution. It makes our nation stronger, and it is the law of the land because the American people have spoken in states across our nation."
However, despite the administration's strong endorsement, the Archivist of the United States Dr. Colleen Shogan, and Deputy Archivist William J. Bosanko provided a contrasting view. They emphasized their duty to maintain the integrity of the constitutional amendment process, clarifying, "At this time, the Equal Rights Amendment (ERA) cannot be certified as part of the Constitution due to established legal, judicial, and procedural decisions."
The disparity between the views within the administration and those of the archiving officials underscores the complex legal landscape that the ERA must navigate. This situation leaves the amendment in a state of uncertainty, with its status still up for legal interpretation and debate.
Biden's declaration, coming just two days before the end of his term, marks a bold, yet disputed, effort to solidify his progressive credentials on gender and equality issues. His statement in the press conference, "Today, I affirm the Equal Rights Amendment to have cleared all the necessary hurdles to be added to the U.S. Constitution now," caps what he said was a longstanding political commitment to enhancing rights and protections for all Americans.
The debates surrounding the ERA are likely to continue, both in legal courts and in the court of public opinion, as stakeholders from various sectors weigh in on the implications of this amendment for American society in the future.
