Biden says 28th Amendment and ERA should be considered as law

President Joe Biden Despite knowing that the president has no role in the constitutional process, he argues that the Equal Rights Amendment should be considered an addendum to the ratified U.S. Constitution.

“In accordance with my oath and duty to the Constitution and my nation, I affirm what I believe, and which three-fourths of the states have ratified, that the 28th Amendment is the law of the land and that all We will guarantee Americans equal rights and protection under the law “regardless of their gender,” Biden announced Friday.

This was the latest in a series of statements. In the waning days of his presidency, Biden That has frustrated some allies who believe he should have acted faster and spoken out sooner.

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What is the Equal Rights Amendment?

In terms of numbers:

The fight for the Equal Rights Amendment began in 1923, when influential suffragist Alice Paul first proposed it shortly after the ratification of the 19th Amendment, which gave women the right to vote. If the ERA is formally recognized as the 28th Amendment, it will enshrine gender equality under the Constitution.

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of Equal Rights Amendment Prohibits Discrimination Based on SexIt was sent to the states for ratification in 1972. The act required ratification by 38 states to become the law of the land. Virginia became the 38th state to ratify the bill in 2020, but legal conflicts over whether the bill is valid come years after the 1982 deadline set by Congress. Arose.

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The National Archives says the ERA cannot be legally recognized without further action by Congress or the courts.

Timeline:

• December 10, 1923: The first draft of the ERA, written by suffragist Alice Paul, is submitted to Congress by Kansas Republican Sen. Charles Curtis. The original text of Paul’s amendment reads: “Men and women shall have equal rights throughout the United States and everywhere subject to its jurisdiction. Congress shall have power to enforce this article by appropriate legislation.” It was stated.
• March 22, 1972: The Senate joined the House in passing a revised version of the ERA that would give each state seven years to ratify. It states: “Equality of rights under the law shall not be denied or abridged by the United States or any State on account of sex.” Hawaii will soon become the first country to ratify.
• October 6, 1978: Congress approves extending the deadline for state ratification of the ERA to June 30, 1982.
• June 30, 1982: The deadline set by Congress for ratification passed three states short of the 38 needed to pass the ERA.
• January 8, 2020: The Department of Justice has determined that it is too late for additional states to ratify the ERA because two deadlines imposed by Congress have expired.
• January 7, 2020: Virginia becomes the 38th state to ratify the Equal Rights Amendment.
• February 13, 2020: House approves measure to eliminate 1982 deadline for state ratification of ERA.
• April 27, 2023: Senate Republicans block a Democratic bill that would have eliminated the 1982 state ratification deadline and moved the ERA forward.
• January 17, 2025: Mr. Biden has declared that ratification of the ERA should be considered, but this is merely a symbolic statement and does not resolve the conflict.

Does Biden’s ERA statement mean anything?

Biden’s support is unlikely to have any impact. Since the ratification deadline has passed, the National Archives must certify the proposed amendments. On Friday, the National Archives reiterated its position: “The fundamental legal and procedural issues remain unchanged.”

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Biden did not direct the National Archives Director to certify the amendments, as some activists had demanded.

What they say:

“I wish we had done it sooner because it’s so important,” said Christian F. Nunes, leader of the National Organization for Women. “The fact that it’s happening now is more important than the fact that it took so long, but we can’t delay the protection and equal rights of women in this country any longer.”

Claudia Nachega, leader of the Young Feminist Party, said the Equal Rights Amendment’s certification would herald “the beginning of a new American era that gives us a chance to survive another Trump presidency.” .

Opposite side:

“We need all the facts,” Biden told reporters, defending his decision not to consider it until the end of his term.

Earlier in the day, Biden contradicted himself by saying, “It’s long past time to recognize the will of the American people.”

Let’s dig deeper:

This was the latest in a series of statements. Biden succeeded in the waning days of his presidency. Despite leaving office after only one term, he is trying to finish up loose ends and embroider his legacy.

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Biden’s comments are encouraging among some allies that he will act faster and speak out sooner as his popularity wanes and his political clout dries up ahead of his replacement with Donald Trump on Monday. They think they should have done it and are causing discomfort.