Biden says the Equal Rights Amendment is ‘the law of the land.’ What is it, and what happens next?
Written by Site Hub on January 18, 2025
President Joe Biden has declared the Equal Rights Amendment (ERA) “the law of the land,” reigniting debates over its status and future. The ERA, designed to guarantee equal rights under the law regardless of gender, was first sent to states for ratification in 1972. Congress set initial deadlines for ratification, extending it to 1982. Despite Virginia becoming the 38th state to ratify the amendment in 2020, meeting the three-quarters requirement, its legal validity remains contested due to the expired deadlines.
The National Archives, responsible for certifying amendments, has stated it cannot certify the ERA without further congressional or judicial action to address the lapsed deadline. Biden’s declaration, while symbolic, does not compel the archivist to certify the amendment. Democrats, including Senator Kirsten Gillibrand, argue that the archivist is wrongfully impeding the process and have called on Biden to push for certification.
The ERA’s uncertain status highlights a broader debate over constitutional processes and gender equality, with further court and congressional actions likely needed to resolve its standing. Biden’s statement, while not legally binding, reflects ongoing advocacy for gender equity in the United States.
Source: AP News