The 28th Amendment: President Biden's Declaration on the Equal Rights Amendment

On January 17, 2025, President Joe Biden declared the Equal Rights Amendment (ERA) as the 28th Amendment to the U.S. Constitution. This proclamation came as part of his administration’s continued commitment to gender equality, elevating the ERA’s recognition as a cornerstone for equal legal rights for all Americans, regardless of sex. However, the announcement sparked widespread debate about its legal standing and implications.

Table of Contents

What Is the Equal Rights Amendment?

The Equal Rights Amendment was first proposed in 1923, aiming to ensure that men and women are treated equally under the law. The text of the ERA reads:
“Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.”

The ERA gained significant traction in the 1970s when Congress approved it in 1972. At the time, amendments required ratification by 38 states within a designated deadline. However, by the original deadline of 1979, only 35 states had ratified the amendment. Congress extended the deadline to 1982, but no additional states acted within that period, leaving the ERA’s future uncertain.

Decades later, the movement for ratification regained momentum. Nevada, Illinois, and Virginia each ratified the ERA between 2017 and 2020, officially bringing the total number of states to the required 38. Despite this achievement, the expired deadline cast doubt on whether these later ratifications held legal weight.

Biden’s Declaration of the ERA as the 28th Amendment

President Biden’s declaration in 2025 reaffirmed his administration’s support for gender equality and human rights. He referred to the ERA as the “law of the land,” advocating that all Americans should be guaranteed equal rights, irrespective of gender. Biden’s move sought to push Congress and the courts toward formally recognizing the amendment.

The timing of Biden’s declaration aligns with increased public awareness around issues such as gender pay disparity, workplace discrimination, and reproductive rights. Referring to the ERA as the 28th Amendment symbolized a broader commitment to addressing these systemic inequalities. Biden and his administration view the amendment as critical in shaping policies to ensure fairness and equity.

The Legal and Political Controversy

While Biden’s announcement has garnered praise from advocates of equality, its legal validity remains contested. Opponents argue that the ERA cannot be officially considered part of the Constitution due to the expiration of the original ratification deadline. Additionally, the National Archives has stated that it cannot certify the ERA unless Congress takes formal action to extend or eliminate the deadline.

Legal experts anticipate that the debate surrounding the ERA will likely head to the Supreme Court. Central to the issue is whether Congress has the authority to retroactively extend or remove the deadline and whether states that previously rescinded their ratification count toward the total.

Despite the ambiguity, Biden’s declaration is seen as a symbolic but powerful statement. By recognizing the ERA as the 28th Amendment, his administration has reignited public discourse about constitutional equality and the enduring need for gender rights legislation.

Public Response and Implications

The response to Biden’s ERA declaration has been mixed. Advocacy groups and feminists view it as a historic step toward justice and equality. Many believe it underscores the need for constitutional protections against gender-based discrimination and systemic inequities. However, critics argue that the declaration is a symbolic gesture without binding legal authority, accusing Biden of overstepping constitutional processes.

Beyond the immediate legal ramifications, the ERA’s recognition could have far-reaching implications. If formally upheld, it could strengthen legal protections against gender discrimination and bolster the enforcement of existing civil rights laws. It may also influence policies related to workplace equality, reproductive rights, and protections against sexual violence.

Conclusion

The Equal Rights Amendment’s journey toward ratification reflects nearly a century of advocacy for gender equality in the United States. President Biden’s declaration of the ERA as the 28th Amendment serves as a bold reaffirmation of his administration’s priorities, even amid legal uncertainties. While the amendment’s future will likely be determined by Congress or the courts, Biden’s move has reignited national conversations about constitutional rights and the importance of equality under the law.

In the coming months and years, the ERA’s legal status and practical implications will be closely watched, marking a pivotal chapter in the fight for gender equity in America. Regardless of the outcome, the ERA’s legacy and the broader push for equality continue to inspire progress in the nation’s pursuit of justice.

The 28th Amendment: President Biden’s Declaration on the Equal Rights Amendment

What Is the Equal Rights Amendment?

Biden’s Declaration of the ERA as the 28th Amendment

The Legal and Political Controversy

Public Response and Implications

Conclusion

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