President Biden recently asserted that he views the Equal Rights Amendment (ERA) as “the law of the land,” a statement received with enthusiasm at a rally outside the National Archives. This declaration, however, has no formal legal authority, as the amendment remains unpublished and uncertified.
For the ERA to take effect, the national archivist, Colleen Shogan, is required to officially publish and certify it. The National Archives has clarified that it cannot do so because the amendment has not been ratified within the deadline designated by Congress. There is ongoing debate regarding whether this deadline is valid, as proponents argue it was included in the preamble rather than the actual text of the amendment.
Biden’s declaration has added a layer to the already complex legal landscape surrounding the ERA, an effort that has been active since the 1970s to ensure that men and women have equal rights under the law. Virginia’s ratification of the ERA in 2020 marked a significant milestone, but the amendment missed the original ratification deadline set in 1982.
Briefly addressing the political context, Biden’s remarks came during a speech to the U.S. Conference of Mayors, following a campaign spearheaded by Democratic lawmakers focused on solidifying rights potentially at risk, such as abortion rights. Key figures like Sen. Kirsten Gillibrand have voiced strong support for the ERA, linking it to broader issues of gender equality and legal protection.
The discussion is further complicated by the role of the Office of Legal Counsel (OLC), which has determined that the amendment is currently expired. Shogan confirmed in previous statements that her decisions as the archivist would comply with OLC opinions, indicating a possible impasse that would require either congressional intervention or a court ruling to resolve.
Although Biden’s timing of his announcement has drawn some criticism from supporters who wish it had come earlier in his presidency, there is hope that the declaration may prompt renewed action on the amendment. Advocates at the rally expressed a desire for swift action from the archivist, urging her to fulfill her responsibilities to include the ERA in the Constitution.
Legal experts have noted that while Biden’s assertion may shift the dialogue around the ERA, it does not eliminate the underlying legal challenges. As this situation unfolds, it emphasizes the ongoing struggle for gender equality in America, serving to galvanize advocates and underscore the significance of the ERA.
In summary, while the future of the ERA remains uncertain, Biden’s declaration could reinvigorate efforts to formally recognize it within the Constitution. This moment reflects a persistent drive toward equality, suggesting that regardless of the obstacles, the push for the ERA continues to resonate strongly among supporters.