President Biden says ERA should be considered ratified part of Constitution

The archivist and deputy archivist of the United States said in December that it cannot codify the 1970s Equal Rights Amendment because the deadline for ratification passed without enough votes.

Published: January 17, 2025 3:38pm

President Joe Biden on Friday announced that the Equal Rights Amendment should be considered an officially ratified part of the United States Constitution, contradicting the National Archives and Records Administration.

The archivist and deputy archivist of the United States said in December that it cannot codify the 1970s Equal Rights Amendment because the deadline for ratification passed without enough votes. 

“It is long past time to recognize the will of the American people,” Biden said. “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.”

Congress passed the Constitutional amendment in 1972 and sent the matter to states for ratification with a deadline of 1979, which was later extended to 1982. However, only 35 states voted to ratify the amendment by the deadlines, three short of the 38 needed. But Illinois, Nevada, and Virginia have since voted to ratify the amendment.

The archivist and deputy archivist echoed their December statement on Friday, stating that the underlying legal issues have not changed, per the Associated Press.

Misty Severi is a news reporter for Just The News. You can follow her on X for more coverage.

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