Joe Biden declares that Equal Rights Amendment is ‘law of the land’ in new announcement

Author: Christopher Wiggins

Three days before the end of his political career, President Joe Biden declared Friday that the Equal Rights Amendment is “the law of the land,” a symbolic move hailed by advocates as a milestone in the century-long fight to enshrine gender equality in the U.S. Constitution. However, Biden’s announcement lacks the legal force to compel certification, leaving the ERA’s future uncertain.

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“In keeping with my oath and duty to Constitution and country, 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,” Biden said in a statement.

The ERA, which would now be the 28th Amendment of the Constitution, first introduced by suffragist Alice Paul in 1923, guarantees equal rights regardless of sex. Congress approved the amendment in 1972, but its progress stalled when it failed to secure the required three-fourths of state ratifications before a 1982 deadline. Advocates argue that the deadline, which appeared in the preamble rather than the text, is not binding. The ERA’s protections extend beyond women, encompassing all individuals who face discrimination based on sex, including LGBTQ+ people. It also reinforces the Equality Act, which seeks to expand federal protections against discrimination based on sexual orientation and gender identity. The amendment finally achieved ratification in 2020 when Virginia became the 38th state to approve it.

Related: Why Passing the ERA Is as Critical to LGBTQ+ Folks as the Equality Act

Despite this milestone, the ERA remains in limbo. The National Archivist, citing a Justice Department opinion, has refused to certify the amendment, citing the expired deadline and attempts by some states to rescind their earlier ratifications, The New York Times reports.

Biden’s announcement has reinvigorated ERA supporters.

“By declaring the ERA as law, President Biden is taking an important step toward protecting the rights of women and LGBTQIA+ people, defending reproductive freedom, closing the gender pay gap, and addressing gender-based violence,” Co-chair of the ERA Caucus Rep. Ayanna Pressley, a Massachusetts Democrat said in a statement.

Under the Constitution, the president plays no formal role in ratifying amendments. National Archivist Colleen Shogan has maintained that legal and procedural barriers prevent her from recognizing the ERA. ERA proponents counter that her role is purely ministerial and certification is unnecessary for the amendment to take effect.

Critics have long argued that the ERA could have far-reaching consequences, including implications for abortion rights and women’s inclusion in the military draft. Supporters, including Vice President Kamala Harris, emphasize its broader significance.

“Equality is a fundamental promise of our democracy. That is why the Equal Rights Amendment belongs in our Constitution,” Harris said in a statement. “It makes our nation stronger, and it is the law of the land because the American people have spoken in states across our nation.”

She added, “It has always been clear that when we lift up women, we lift up children, families, communities, and all of society. Now, Americans must continue to fight for a more equal and just nation where everyone has the opportunity to realize the promise of America.”

Original Article on The Advocate
Author: Christopher Wiggins