Biden has been announcing the Equal Rights Amendment for decades — but what happens next?
President Joe Biden announced on Friday that the Equal Rights Amendment should be considered a valid addition to the US Constitution, supporting the effort to strengthen the amendment more than a century after the guarantee of gender equality was first proposed.
“It's past time to see the will of the American people,” Biden said.
“In accordance with my oath and my duty to the constitution and the country, I affirm what I believe and what three-fourths of the states have agreed to: The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protection under the law regardless of their sex.”
It was unclear what impact the outgoing Democratic president's remarks would have, in the coming days before he is replaced by Donald Trump.
Presidents have no role in the amendment process. And the leader of the National Archives previously said that this amendment will not be approved because it was not approved before the deadline set by Congress.
First proposed more than a century ago, the ERA declares that “equal rights under the law shall not be denied or abridged by the United States or any State on account of sex.”
Its supporters say it is necessary to protect against gender discrimination and can help achieve equal pay, while opponents say the deadline for it to be part of the US Constitution has passed and that an amendment is no longer needed.
Here's an overview of what the ERA is, how long it's been talked about and what Biden's action means:
What is the Equal Rights Amendment?
The ERA is a 1970s-era ban on sex-based discrimination, guaranteeing men and women equal rights under the law. As a constitutional amendment, it requires ratification from three-fourths of the states before it can be added to the US Constitution.
How long has the push to unify the ERA been going on?
There have been debates about the ERA since it was first adopted by Congress.
The ERA was first sent to the states for ratification in 1972, and Congress set a 1979 deadline for three-quarters of state legislatures to ratify it. That deadline was then extended to 1982.
But it wasn't until nearly 40 years later, in 2020, that Virginia lawmakers voted to approve the amendment, meaning the necessary 38 states had ratified it.
Congress tried in 2023 to pass a deadline to ratify the amendment, but the measure fell short of the required threshold of 60 votes in the Senate.
What is the archivist's role in the ERA certificate?
The Director of National Archives is responsible for verifying and publishing new amendments when they reach the required verification threshold.
Last month, the archivist and deputy archivist of the United States in a rare joint statement that the ERA cannot be ratified without further action by Congress or the courts, said that either party should change the deadline to consider the amendment as ratified.
A senior Biden administration official, speaking on condition of anonymity to discuss White House plans, said the Democratic president had not directed the archivist to certify the amendment.
Is Biden's action on the ERA changing?
Not really. Biden's move is largely symbolic — and it's unclear what impact his statement will have. Presidents have no role in the amendment process.
And the leader of the National Archives said that this amendment will not be approved because it was not approved before the deadline set by Congress.
Democrats have been pressing Biden to act against his confirmation before he leaves office next week, and other members of Congress plan to meet Friday at the National Archives.
Sen. Kirsten Gillibrand, who led the effort among Senate Democrats, insisted the archivist's analysis was flawed.
Gillibrand previously said Colleen Shogan is “mistakenly inserting herself into a clear constitutional order, despite the fact that her role is purely ministerial,” urging Biden to ratify the ERA despite Shogan's objections.
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