On Friday, President Joe Biden declared that he regards the Equal Rights Amendment as “the law of the land,” a surprising decision that is expected to produce no real change.
The ERA, a proposed change to the Constitution aimed at banning sex-based discrimination, was first brought forth in the 1970s. It wasn’t until 2020 that a sufficient number of state legislatures ratified it, thereby missing the established deadline by many years.
For the amendment to take effect, it must be certified and published by the national archivist, Colleen Shogan. Biden stated on Friday that he would not instruct Shogan to certify the ERA.
It remains uncertain why Biden chose the last moments of his presidency to recognize the ERA’s ratification.
“It is long overdue to acknowledge the desires of the American populace,” Biden indicated in a written statement. “In alignment with my oath and responsibility to the Constitution and the nation, I endorse what I believe and what has been ratified by three-fourths of the states: the 28th Amendment stands as the law of the land, assuring every American equal rights and protections under the law irrespective of their sex.”
Advocates for the amendment claim that the ratification deadline is not applicable as it was included in the preamble rather than the main text.
Nevertheless, Shogan noted during her confirmation hearing in 2022 that the determination of the ERA’s status would fall to Congress and the judiciary. Biden’s last-minute announcement is unlikely to bring about any significant outcomes.
This declaration follows a push from Democratic legislators to ensure the amendment’s certification. Senator Kirsten Gillibrand expressed her belief that the issue would likely face review by the Supreme Court.
