Biden says Equal Rights Amendment is ratified, kicking off expected legal battle as he pushes through final executive actions
President Joe Biden announced a major opinion Friday that the Equal Rights Amendment is ratified, enshrining its protections into the Constitution, a last-minute move that some believe could pave the way to bolstering reproductive rights.
It will, however, certainly draw swift legal challenges – and its next steps remain extremely unclear as Biden prepares to leave office.
The amendment, which was passed by Congress in 1972, enshrines equal rights for women. An amendment to the Constitution requires three-quarters of states, or 38, to ratify it. Virginia in 2020 became the 38th state to ratify the bill after it sat stagnant for decades. Biden is now issuing his opinion that the amendment is ratified, directing the archivist of the United States, Dr. Colleen Shogan, to certify and publish the amendment.
“It is long past time to recognize the will of the American people. In keeping with my oath and duty to Constitution and 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 equal rights and protections under the law regardless of their sex,” Biden said in a statement Friday.
