President Joe Biden on Friday asserted that the Equal Rights Amendment (ERA) should be considered part of the U.S. Constitution, calling it the 28th Amendment. Biden stated, “It is long past time to recognize the will of the American people,” affirming that it guarantees equal rights regardless of sex. His statement, however, holds symbolic significance, as presidents lack authority in the constitutional amendment process.
The ERA, introduced in 1972, required ratification by three-fourths of state legislatures by a 1979 deadline, later extended to 1982. Virginia’s 2020 ratification brought the total to 38 states, but the National Archives has maintained the deadline’s expiration renders the amendment uncertified. Biden did not direct the archivist to certify the amendment, avoiding a legal clash over separation of powers.
Advocates held a rally outside the National Archives, urging Congress or the courts to address the expired deadline.
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