President Joe Biden declared his support for the Equal Rights Amendment (ERA) as the 28th Amendment to the U.S. Constitution, acknowledging its ratification by three-fourths of the states. Despite recognizing the lack of presidential authority in the constitutional process, Biden affirmed his belief in the ERA's legality and its guarantee of equal rights for all Americans regardless of sex. This statement comes amid a long-standing debate over the ERA's validity, with the National Archives maintaining that further action by Congress or the courts is needed for certification due to an expired ratification deadline.
President Joe Biden says the Equal Rights Amendment should be considered a ratified addition to the U.S. Constitution, despite knowing that presidents have no role in the constitutional process. "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 announced Friday.
It was the latest in a collection of pronouncements that Biden has made in the waning days of his presidency, irking some allies who believe he should have acted more swiftly and spoken out sooner.RELATED: Biden won’t enforce TikTok ban, leaving fate of app up to TrumpThe struggle over the Equal Rights Amendment started in 1923 when leading suffragist Alice Paul first proposed it shortly after the ratification of the 19th Amendment, which granted women the right to vote. The ERA, if formally recognized as the 28th Amendment, would make gender equality explicit under the Constitution.RELATED: Biden commutes sentences of nearly 2,500 non-violent drug offendersThe Equal Rights Amendment, which would ban discrimination based on gender, was sent to the states for ratification in 1972. It needed to be ratified by 38 states to become law of the land. Virginia became the 38th state to ratify it in 2020, although years past the 1982 deadline set by Congress, leading to a legal standoff over whether it could be considered valid.RELATED: Biden warns America about 'ultra-wealthy' in positions of power 'going unchecked' in farewell addressThe National Archives says the ERA cannot legally be certified without further action by Congress or the courts. It’s unlikely that Biden’s support will have any impact. The National Archives has to certify the amendment because of the expired deadline for ratification. On Friday, the National Archives reiterated its position by saying "the underlying legal and procedural issues have not changed."RELATED: Will Biden leave Trump a note? The presidential tradition explainedBiden did not direct the leader of the National Archives to certify the amendment, as some activists have called for. "I wish it was done sooner because it’s so important," said Christian F. Nunes, leader of the National Organization for Women. "The fact that it’s getting done now is more important than the fact that it took long, but we can’t continue to delay women’s protections and equal rights in this country."Claudia Nachega, a leader in the Young Feminist Party, said certifying the Equal Rights Amendment would signal "the beginning of a new American era that gives us a fighting chance of surviving a second Trump presidency."Biden defended his decision not to weigh in until the end of his term by telling reporters that he "needed all the facts."Earlier in the day, Biden contradicted himself with a statement saying "it is long past time to recognize the will of the American people."It was the latest in a collection of pronouncements that Biden has made in the waning days of his presidency as he tries to tie up loose ends and embroider his legacy despite leaving after only one term. RELATED: Biden awards Pope Francis the Presidential Medal of FreedomWith his popularity low and political influence running dry before he’s replaced by Donald Trump on Monday, Biden’s statements have stirred aggravation among some allies who believe he should have acted more swiftly and spoken out earlier.
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