In a dramatic twist that could define his legacy, President Joe Biden announced on Friday that the Equal Rights Amendment (ERA) is officially ratified, calling it the 28th Amendment to the U.S. Constitution. The declaration, a move hailed as historic by some and dismissed as contentious by others, has reignited fiery debates over its legal validity and set the stage for a showdown in the courts.
“This is a moment to honor the promise of equality that our Constitution aspires to but has not yet fully realized,” Biden said during a televised address. “With this declaration, I affirm the will of the American people and the states that have spoken.”
Yet, the announcement is far from the final word. Biden’s bold statement represents his interpretation of the ERA’s status—not a binding executive action. The amendment, which affirms that rights cannot be denied on the basis of sex, has been mired in procedural controversies since its original Congressional passage in 1972.
The ERA’s Tumultuous Journey
The ERA’s path to ratification has been anything but smooth. Congress initially set a seven-year deadline for states to approve the amendment, later extending it to 1982. By then, only 35 states had ratified it—three short of the required 38. Decades later, Nevada, Illinois, and Virginia revived the ERA by ratifying it between 2017 and 2020, seemingly meeting the constitutional threshold.
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But not everyone agrees it’s that simple. Opponents argue the expired deadline nullifies these later ratifications. Others point to five states, including South Dakota and Kentucky, that rescinded their approval, raising thorny legal questions about whether a state can reverse its decision.
Despite these obstacles, ERA advocates insist the amendment is valid. “There’s no deadline in the actual text of the ERA,” said constitutional scholar Linda Coberly. “And once a state ratifies, that decision is final—rescissions have no legal standing.”
Biden’s declaration adds fuel to an already fiery debate. The Archivist of the United States, Dr. Colleen Shogan, must certify and publish the amendment for it to become law, but Shogan has cited legal opinions suggesting the ERA is still in limbo.
A Presidential Power Play
Biden’s announcement is part of a flurry of last-minute actions as he prepares to hand over the reins to President-elect Donald Trump. In the past month, Biden has issued clemencies to nonviolent offenders, protected millions of acres of federal land, and banned new offshore drilling. But the ERA declaration stands out as a high-stakes gamble—both legally and politically.
“This is Biden throwing down the gauntlet,” said political strategist Emily Rodham. “It’s a daring move that puts the ERA front and center, forcing Congress and the courts to confront the issue.”
The decision has sparked both celebration and criticism. Senator Kirsten Gillibrand, a longtime ERA advocate, called the move “a defining step toward true equality.” She and other supporters argue the ERA could bolster protections for women, particularly in the wake of the Supreme Court overturning Roe v. Wade.
But skeptics see the declaration as more symbolic than substantive. “It’s a political Hail Mary,” said Charles Franklin, a legal analyst. “The ERA’s legal status is murky at best, and this declaration does little to resolve that.”
The Legal Storm Ahead
All eyes are now on the courts. Legal battles over the ERA’s ratification deadlines and rescissions are likely to escalate to the Supreme Court, where a conservative majority could prove decisive.
“This will be a defining moment for constitutional law,” said Professor Melissa Murray of NYU. “The court will need to decide if deadlines imposed by Congress are binding and whether rescinded ratifications carry any weight.”
Meanwhile, the political ramifications are just as significant. Biden’s declaration aligns with a broader push by Democrats to solidify gender equality as a constitutional right, but it also risks backlash from conservatives who view the move as overreach.
A Defining Legacy?
As Biden’s presidency winds down, his ERA announcement could cement his reputation as a champion for progressive values—or a polarizing figure who overstepped his bounds.
Supporters see this as a turning point. “This is a watershed moment for gender equality,” said ERA Coalition President Zakiya Thomas. “We’ve waited nearly a century for this, and we’re not backing down now.”
But critics remain unconvinced. “This declaration raises more questions than answers,” said Franklin. “It’s a bold move, but without legal resolution, it’s just words.”
Whether the ERA becomes a permanent fixture of the Constitution or a footnote in history now rests in the hands of lawmakers, the judiciary, and the American people.
As Biden himself acknowledged, “The fight for equality is far from over. But today, we take one giant step closer to justice for all.”
With the legal and political storm clouds gathering, one thing is certain: the story of the ERA is far from finished.
