President Joe Biden announced on January 17, 2025, that the Equal Rights Amendment (ERA) has been ratified, marking a significant milestone in the ongoing fight for gender equality. This decision, made in Biden’s final days in office, has the potential to expand protections for women, but it also sets the stage for an expected legal battle over its legitimacy.
The ERA, passed by Congress in 1972, enshrines equal rights for women in the U.S. Constitution, and Biden’s declaration comes after Virginia became the 38th state to ratify the amendment in 2020. This marks the required threshold for ratification, and Biden has affirmed his belief that the ERA is now the 28th Amendment of the Constitution.
While this announcement is hailed as a significant step toward ensuring equality under the law, its legal implications remain uncertain. Several legal challenges are expected, as five states have rescinded their approval of the amendment, and issues related to the ratification deadline persist. The Biden administration is relying on the American Bar Association’s stance, which argues that no time limit was included in the text of the ERA.
However, the U.S. National Archives, led by Dr. Colleen Shogan, has previously indicated that the ERA cannot be certified due to legal decisions made in 2020 and 2022 that enforced the ratification deadline. Shogan’s office has reiterated this stance, calling it a longstanding position of the National Archives.
Biden’s move also highlights his ongoing efforts to leave a lasting legacy before departing the White House. In his final days, the president has pushed for a series of executive actions, including pardoning nonviolent offenders and making key environmental decisions. The ratification of the ERA, though, is expected to draw significant legal challenges, and it will ultimately be up to the courts to decide its fate.
As Biden’s administration draws to a close, he is also grappling with the impending return of President-elect Donald Trump, whose administration could reverse much of Biden’s progress, including the ERA’s ratification.
