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The Equal Rights Amendment was originally proposed in 1923 and states that all persons, regardless of gender, are deserved equal rights and treatments, as well as prohibiting discrimination based on sex, under the United States Constitution.
The Equal Rights Amendment, also known as the ERA, has previously passed Congress with a three-quarters majority, and three-quarters of states have ratified it into law. However, the archivist has not been instructed to add the amendment to the Constitution.
Former President Biden had this to say about the ERA, "The American Bar Association (ABA) has recognized the Equal Rights Amendment has cleared all necessary hurdles to be formally added to the Constitution as the 28th Amendment. I agree with the ABA and with leading legal constitutional scholars that the Equal Rights Amendment has become part of our Constitution."
Biden also added "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 Americans equal rights and protections under the law regardless of their sex."
The ratification has been delayed by decades, most likely due to legal challenges from other parties. During the first Trump presidency, the administration’s justice program released an opinion in January 2020 saying that there should not be any action taken due to the lapsed deadline.
Works Cited
Samuels, Brett. “Biden Affirms Equal Rights Amendment Is Part of Constitution.” The Hill, 17 Jan. 2025, thehill.com/homenews/administration/5091399-joe-biden-equal-rights-amendment-constitution/amp/. Accessed 21 Jan. 2025.
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