Biden: Equal Rights Amendment Should be Seen as Ratified
The Facts
US Pres. Joe Biden declared on Friday that the Equal Rights Amendment (ERA) — which bans sex-based discrimination — should be considered the 28th Amendment to the Constitution, though this proclamation carries no legal force.
The ERA's journey began in 1972 when Congress sent it to states for ratification with a 1979 deadline, later extended to 1982, but it wasn't until 2020 that Virginia became the 38th state to ratify it, reaching the three-fourths requirement. Since then six states have withdrawn their support for the measure's ratification.
The Spin
Democratic narrative
The ERA has cleared all necessary constitutional hurdles and represents the will of the American people through state ratification. The amendment would guarantee equal rights regardless of sex and strengthen protections for all Americans. It is high time that this amendment is ratified and the equal rights of all sexes are enshrined in the US Constitution.
Republican narrative
The ratification deadline established by Congress was legally binding and has long expired. Court decisions at both District and Circuit levels have confirmed the validity of these deadlines. The archivist cannot legally publish the ERA without further congressional action or court intervention. This statement carries no legal weight and is nothing more than a cynical attempt to rile up the outgoing president's base as he leaves office.
