President Joe Biden announced Friday that the Equal Rights Amendment should be considered a ratified addition to the U.S. Constitution, supporting efforts to enshrine the change more than a century after the first proposed guarantee of equality. gender equality.
“It is long past time to recognize 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-quarters of the states have ratified: the 28th Amendment is the law of the land, guaranteeing all Americans the rights and equal protections under the law, regardless of their sex.”
It is unclear what practical impact the outgoing Democratic president’s comments could have, days before his replacement by Republican Donald Trump.
Presidents have no role in the amendment process. And the head of the National Archives previously said the amendment could not be certified because it had not been ratified by a deadline set by Congress.
First proposed more than a century ago, the ERA states that “equal rights under the law shall not be denied or abridged by the United States or by any state on account of sex.”
Its supporters say it is necessary to protect against sex discrimination and would help achieve equal pay, while its opponents argue that the original timeline for it to become part of the U.S. Constitution has passed and Amendment No. is no longer necessary.
Here’s a look at what the ERA is, how long it’s been debated, and what Biden’s action means:
What is the Equal Rights Amendment?
The ERA is a ban on sex discrimination dating from the 1970s, guaranteeing men and women equal rights under the law. As a constitutional amendment, it must be ratified by three-quarters of the states before being added to the U.S. Constitution.
How long has the campaign to codify the ERA been going on?
There have been debates over the ERA since it was initially approved by Congress.
The ERA was initially sent to the states for ratification in 1972, and Congress set a deadline of 1979 for three-quarters of state legislatures to ratify it. This deadline was later extended until 1982.
But it wasn’t until nearly 40 years later, in 2020, that Virginia lawmakers voted to ratify the amendment, meaning the necessary 38 states had ratified it.
Congress attempted in 2023 to lift the deadline to allow ratification of the amendment, but the measure failed to reach the required threshold of 60 votes in the Senate.
What is the role of the archivist in ERA certification?
The Director of the National Archives is responsible for certifying and publishing new amendments once they reach the required ratification threshold.
Last month, the archivist and deputy archivist of the United States said in a rare joint statement that the ERA could not be certified without further action by Congress or the courts, asserting that either entity had to modify the deadline to consider the amendment as certified.
A senior Biden administration official, speaking on condition of anonymity to discuss White House plans, said the Democratic president was not asking the recorder to certify the amendment.
Does Biden’s action on the ERA change anything?
Not really. Biden’s decision is largely symbolic — and it’s unclear whether his statement will have any impact. Presidents have no role in the amendment process.
And the head of the National Archives said the amendment could not be certified because it had not been ratified by a deadline set by Congress.
Democrats have been pushing Biden to act unilaterally on its ratification before leaving office next week, and some members of Congress planned to rally at the National Archives on Friday.
Sen. Kirsten Gillibrand, who led Democrats’ efforts in the Senate, insisted the archivist’s analysis was flawed.
Gillibrand previously said that Colleen Shogan was “wrongly inserting herself into a clear constitutional process, despite the fact that her role is purely ministerial,” encouraging Biden to certify the ERA over Shogan’s objections.
