Biden Declares Equal Rights Amendment Ratified: What It Means and What Comes Next
"President Biden's Bold Declaration Sparks Hope for Gender Equality While Setting the Stage for Legal Battles Over the Historic Amendment"

President Joe Biden has made a bold move by declaring the Equal Rights Amendment (ERA) ratified, potentially marking a historic milestone in the fight for gender equality. While this announcement is generating hope among advocates, it is also expected to trigger intense legal battles, as the amendment’s path to becoming part of the U.S. Constitution remains unclear.
The ERA, first introduced in Congress in 1972, seeks to enshrine equal rights for women in the Constitution. For an amendment to become law, it requires the approval of three-fourths of U.S. states—38 in total. After decades of stagnation, Virginia became the 38th state to ratify the amendment in 2020. However, questions about the validity of this ratification persist, as some states have withdrawn their earlier approval and deadlines for ratification have passed.
Despite these hurdles, President Biden is firmly stating his belief that the amendment is ratified and now serves as the 28th Amendment to the Constitution. In a statement on Friday, he emphasized the importance of recognizing equality for all Americans.
“It is long past time to recognize the will of the American people,” Biden said. “I affirm what I believe and what three-fourths of the states have ratified: The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex.”
The Debate Over Ratification
The controversy surrounding the ERA’s status is rooted in legal and procedural questions. Critics argue that the original ratification deadline, set by Congress when the amendment was first introduced, has long since expired. Additionally, five states that initially approved the amendment have since rescinded their support. These factors, opponents say, complicate the amendment’s path forward.
The National Archives and Records Administration (NARA), the agency responsible for certifying and publishing amendments, has stated that it cannot certify the ERA due to these legal obstacles. In a December statement, NARA officials cited prior opinions from the Department of Justice affirming that ratification deadlines are enforceable.
However, Biden and his administration point to differing opinions from constitutional scholars and organizations like the American Bar Association. According to these experts, the text of the ERA does not include a time limit, and states should not be allowed to reverse their ratification once it has been given.
“The framers of the Constitution wisely avoided the chaos that would have resulted if states were able to take back their votes at any time,” a senior administration official explained.
What Happens Next?
The announcement leaves the fate of the ERA in a precarious position. Biden has not issued an executive order to enforce the amendment but has used his platform to declare his belief that it is already ratified. The next step would require Dr. Colleen Shogan, the archivist of the United States, to certify and publish the amendment. However, NARA has maintained its position that it cannot do so without further legal clarity.
The matter will likely end up in the courts, which will ultimately decide whether the ERA has been successfully ratified. Legal experts and advocacy groups on both sides of the debate are preparing for a lengthy battle.
A New Push for Equality
Senator Kirsten Gillibrand of New York has been a vocal advocate for certifying the ERA. She argues that recognizing the amendment would provide a powerful way to advance women’s rights without relying on a deeply divided Congress.
Gillibrand has worked closely with the White House to push this issue forward, even raising it directly with President Biden and First Lady Jill Biden during a holiday party. Her efforts highlight the growing urgency among advocates to solidify protections for women, particularly in the wake of the Supreme Court’s 2022 decision to overturn Roe v. Wade.
Biden has already taken several executive actions to protect abortion rights, but many of his options are limited without congressional approval. By declaring the ERA ratified, he hopes to bolster protections for reproductive rights and gender equality.
The Broader Implications
If the ERA is ultimately recognized as part of the Constitution, it would be a significant victory for advocates of gender equality. The amendment could serve as a foundation for new legal protections, including stronger safeguards for reproductive rights, pay equity, and protection against gender-based discrimination.
For now, however, the future of the ERA is uncertain. Biden’s declaration has reignited hope among supporters, but it also sets the stage for a legal showdown that could take years to resolve.
Regardless of the outcome, Biden’s move signals a renewed commitment to advancing equality and justice for all Americans. As the fight for the ERA continues, it serves as a reminder of the ongoing struggle to ensure that the promise of equal rights becomes a reality for everyone.



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