WASHINGTON — President Joe Biden declared the Equal Rights Amendment a ratified part of the U.S. Constitution, a symbolic action unlikely to resolve the longstanding gender equality debate.
“It’s long overdue to acknowledge the American people’s wishes,” Biden stated. “Upholding my constitutional oath, I confirm my belief and the ratification by three-fourths of the states: the 28th Amendment is law, ensuring equal rights and legal protections for all Americans regardless of sex.”
This declaration from the outgoing President, days before the presidential transition, is expected to have minimal practical effect. The President’s role in the amendment process is non-existent. The National Archives head previously stated the amendment’s certification is impossible due to the missed congressional deadline.
On Friday, the National Archives reaffirmed this stance, stating “the underlying legal and procedural issues remain unchanged.”
A senior Biden administration official, speaking anonymously, clarified Biden wasn’t instructing the archivist to certify the amendment, thus avoiding a potential legal dispute regarding the separation of powers.
A rally with congressional members was planned near the National Archives later that morning.
The Equal Rights Amendment, prohibiting gender-based discrimination, was submitted for state ratification in 1972. Congress established a 1979 ratification deadline (later extended to 1982).
Reaching 38 states’ ratification in 2020 (with Virginia’s approval), the archivist noted that altering the deadline requires congressional or judicial action to certify the amendment.