Biden Announces Decades-Old Equal Rights Amendment Act – But What Happens Next?

President Joe Biden announced Friday that the Equal Rights Amendment should be considered ratified by the U.S. Constitution, supporting efforts to continue change more than a century after guaranteeing gender equality.

“It’s long past time to acknowledge the will of the American people,” Biden said.

“On my oath and duty to the Constitution and to my 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 the right and protection of their sexuality.”

Days before he was succeeded by Republican Donald Trump, it was unclear what practical impact the outgoing Democratic president’s comments would have.

Presidents have no role in the reform process. And the head of the National Archives previously said the amendment could not be approved because it was not passed before the deadline set by Congress.

First proposed a century ago, the ERA declared that “Equality of rights under the law shall not be denied or abridged in the United States or in any state on account of sex.”

The supporters say that it will help prevent sexual discrimination and get equal pay, while the opponents argue that the first schedule to be part of the US Constitution has passed and the amendment is not needed.

Here’s a brief overview of what the ERA is, how long it’s been debated, and what Biden’s action means:

What is the Equal Rights Amendment?

The ERA is a 1970s-era ban on discrimination based on sex, guaranteeing men and women equal rights under the law. Like a constitutional amendment, it needs approval from three-quarters of the states before it can be added to the US Constitution.

How long has the push to codify the ERA been?

There have been debates over the ERA since it was first passed by Congress.

The ERA was originally sent to the states for ratification in 1972, and Congress set a 1979 deadline for three-fourths of state legislatures to ratify it. That deadline was extended to 1982.

But 40 years later, in 2020, Virginia lawmakers voted to ratify the amendment, meaning the necessary 38 states had ratified it.

Congress tried to lift the deadline to 2023 to allow passage of the amendment, but the measure fell short of the 60-vote threshold needed in the Senate.

What is the archivist’s role in ERA verification?

The Director of the National Archives is responsible for certifying and publishing new revisions after meeting the necessary approval thresholds.

In a rare joint statement last month, the U.S. archivist and deputy archivist said the ERA cannot be ratified without further action by Congress or the courts, saying both parties must move the deadline for the amendment to be considered ratified.

A senior Biden administration official, speaking on condition of anonymity to discuss White House plans, said the registry is not leading the Democratic president to confirm the amendment.

Will Biden’s Action on the ERA Make a Difference?

not really. Biden’s move is largely symbolic — and it’s unclear whether his statement will have any impact. Presidents have no role in the reform process.

And the head of the National Archives said the amendment could not be verified because it was not passed before the deadline set by Congress.

Democrats are pushing Biden to take a unified action on his confirmation before he leaves office next week, and some members of Congress plan to gather at the National Archives on Friday.

Senator Kirsten Gillibrand, who led the effort among Democrats in the Senate, insisted the archivist’s analysis was wrong.

Gillibrand previously said Colin Shogan was “wrongly inserting herself into an open constitutional process, even though her role is a cabinet one,” and encouraged Biden to confirm the IRA over Shogan’s opposition.