President Biden on Friday declared that he believes the Equal Rights Amendment (ERA), which prohibits discrimination on the basis of sex, had met the requirements of ratification and was now part of the U.S. Constitution. “Today, I affirm the Equal Rights Amendment has cleared all the necessary hurdles to be added to the U.S. Constitution, now! The Equal Rights Amendment is the law of the land, now! It’s the 28th Amendment to the Constitution, now!” he said in remarks before the U.S. Conference of Mayors in Washington, DC. Congress approved the ERA by a two-thirds vote in both chambers in 1972 and set up a seven-year deadline for the requisite three-quarters of states to sign onto the law as a constitutional amendment. That deadline was later extended to 10 years, but by 1982, only 35 states had ratified it. It wasn’t until 2020 that Virginia became the 38th state to ratify the ERA. Democrats have argued that since the Constitution says nothing about a timeframe, the deadline should be ignored and the amendment should be considered ratified. Opponents of the ERA, including many Republicans, have argued that the amendment wasn’t valid since the deadline had passed and several states had rescinded their approval. The president’s declaration is not legally binding and it’s up to the archivist of the United States to determine whether it should be published. Colleen Shogan, the archivist, issued a statement last month saying that the ERA “cannot be certified as part of the Constitution due to established legal, judicial and procedural decisions.” Watch more at c-span.org
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