Eleanor Finch
On January 17, 2025, former US President Joe Biden declared the Equal Rights Amendment (ERA) as the 28th Amendment to the US Constitution. The ERA, which reads, Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex, aims to prohibit sex discrimination and guarantee equal rights and protections for all Americans regardless of their sex. While Biden's declaration was supported by hundreds of thousands of Americans, the amendment has not been officially published in the Constitution, and there are ongoing debates and legal challenges regarding its ratification status and validity.
| Characteristics | Values |
|---|---|
| Name | Equal Rights Amendment (ERA) |
| Amendment Number | 28th Amendment |
| Date Proposed | December 1923 |
| Date Ratified | 17 January 2025 |
| Subject Matter | Prohibits sex discrimination |
| Supporters | League of Women Voters, American Bar Association, Sen. Kirsten Gillibrand of New York, President Joe Biden, 200,000+ Americans |
| Ratification Status | Ratified by 38 states, but not certified by the National Archives |
| Legal Status | Recognized as law of the land by President Biden, but not published in the Constitution |
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What You'll Learn
The Equal Rights Amendment (ERA)
> "Section 1. Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex. Section 2. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article."
The ERA was first introduced in Congress in December 1923 by Alice Paul and Crystal Eastman, three years after the ratification of the 19th Amendment, which gave women the constitutional right to vote. The proposal was named the Lucretia Mott Amendment, after a female abolitionist who fought for women's rights. The ERA gained increasing support with the rise of the women's movement in the United States during the 1960s and was approved by the U.S. House of Representatives in 1971 and by the U.S. Senate in 1972.
A seven-year deadline for ratification by March 1979 was included in the legislation by Congress, later extended by a simple majority of Congress to June 30, 1982. Despite the efforts of prominent supporters like President Carter, First Lady Rosalynn Carter, and First Lady Betty Ford, the ERA failed to achieve ratification by the deadline, falling three states short of the necessary 38 states.
However, there are ongoing efforts to ratify the amendment, and on January 27, 2020, the Commonwealth of Virginia became the 38th state to ratify the ERA. On January 17, 2025, President Joseph Biden stated that he believes the "Equal Rights Amendment has cleared all necessary hurdles to be formally added to the Constitution as the 28th Amendment." With this recognition, the United States joins the 85% of countries in the world that have a gender provision in their federal constitutions.
While the federal 28th Amendment will cover state action that discriminates on the basis of sex, it is worth noting that state-level Equal Rights Amendments in 28 states go further and include categories such as race, colour, creed, sexual orientation, gender identity or expression, age, disability, as well as ancestry or national origin.
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The 28th Amendment and its ratification
The 28th Amendment to the United States Constitution, also known as the Equal Rights Amendment (ERA), is a significant step towards ensuring gender equality and prohibiting sex discrimination under federal and state law. The amendment reads, "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." This amendment has been long awaited, with the first proposal introduced in Congress in December 1923, and it marks the most substantial advancement of women's rights since the 19th Amendment granted women the constitutional right to vote in 1920.
The road to the ratification of the 28th Amendment has been a challenging one. While the amendment has met all the requirements of Article 5 of the Constitution, there have been disputes over its validity. One of the main areas of contention has been the ratification deadline. The original seven-year deadline set by Congress in 1979 was extended to 1982, but some argued that this deadline was meaningless and should not invalidate the amendment. Despite these arguments, the National Archives has refused to certify the amendment, citing legal, judicial, and procedural decisions supporting the original deadline.
However, on January 17, 2025, President Joe Biden issued a statement recognising the ERA as the 28th Amendment and affirming that it is the law of the land. Biden's statement was supported by hundreds of thousands of Americans, with over 200,000 signing a petition calling for the amendment's ratification. This recognition by the president is a crucial step towards ensuring that the ERA is officially published in the Constitution, where it rightfully belongs.
The impact of the 28th Amendment cannot be overstated. With its ratification, the United States joins 85% of countries worldwide with a gender provision in their federal constitutions. The amendment will not only protect against sex discrimination but also pave the way for legislative progress toward equality. Additionally, it will serve as a vital tool for the judicial branch to review claims of sex discrimination and protect against the rollback of equal rights.
While the 28th Amendment has been recognised by the president and is considered the law of the land, there is still work to be done to ensure its official publication in the Constitution. Advocates for the ERA will continue to play a crucial role in this process, and their efforts will help ensure that the promise of equality and justice for all is fulfilled.
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The 28th Amendment's validity
The validity of the 28th Amendment, also known as the Equal Rights Amendment (ERA), has been a topic of debate in the United States. The ERA aims to guarantee equal rights and protections under the law regardless of sex, explicitly prohibiting sex discrimination. While some argue that it is now a valid part of the Constitution, others dispute its ratification and legal standing.
On January 17, 2025, President Joe Biden stated that the ERA had cleared all necessary hurdles to become the 28th Amendment, and affirmed it as the "law of the land." This declaration was supported by hundreds of thousands of Americans and various organisations, including the American Bar Association (ABA) and the League of Women Voters. Biden's statement recognised the will of the American people and the ratification by three-fourths of the states, as required by Article V of the Constitution.
However, the ERA's validity has been challenged due to ratification deadline disputes. The original seven-year deadline set by Congress for ratification by 38 states was extended to 1982 but not met. The National Archives and the Archivist's office have refused to certify the ERA as part of the Constitution, citing legal, judicial, and procedural decisions upholding the original ratification deadline. This has led to ongoing legal disputes and differing interpretations of the Constitution's amendment process.
Despite the ERA being recognised as the 28th Amendment by President Biden and many others, it has yet to be officially published in the Constitution. The absence of certification and publication by the Archivist has allowed opponents of the amendment to continue their arguments against it. The Supreme Court's role in the amendment process is also a point of contention, with some suggesting that disputes over amendments are political questions outside the Court's jurisdiction.
The ERA's validity as the 28th Amendment remains a complex issue with legal and political implications. While it has significant support and is considered the law of the land by many, the lack of certification and ongoing disputes highlight the challenges in amending the Constitution and the potential for further legal challenges.
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The 28th Amendment's enforcement
On January 17, 2025, President Joe Biden declared that the Equal Rights Amendment (ERA) was the 28th Amendment and the law of the land. The ERA states that "equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." This amendment is a significant advancement for women's rights and gender parity in the United States, bringing the country in line with 85% of countries that have a gender provision in their federal constitutions.
Despite President Biden's declaration, the ERA has not been certified or published as part of the Constitution by the National Archives, due to "established legal, judicial, and procedural decisions" supporting the original ratification deadline. There have been disputes over the validity of the ERA as the 28th Amendment, with some arguing that the deadline for ratification had passed in 1982. However, supporters of the ERA contend that the deadline is irrelevant, as the Constitution does not specify a timeline for amending it.
To enforce the 28th Amendment and ensure that equal rights are protected under the law, the League of Women Voters (LWVUS) and other advocacy groups have played a crucial role. They have organized campaigns, rallies, and petitions to urge President Biden to instruct the National Archivist to certify and publish the ERA in the Constitution. These efforts have gathered widespread support, with more than 200,000 Americans signing petitions and polls indicating that a majority of Americans believe the ERA should be included in the Constitution.
While the federal 28th Amendment addresses state action that discriminates based on sex, some states have also passed their own comprehensive Equal Rights Amendments (ERAs). These state-level ERAs cover additional categories such as race, colour, creed, sexual orientation, gender identity, age, and disability. The struggle for women's equity and equality under the law has been a long and ongoing battle, and the ERA is a vital tool to address sex discrimination and pave the way for legislative progress toward equality.
The enforcement of the 28th Amendment will have a significant impact on addressing discrimination and ensuring equal rights for all Americans, regardless of sex or gender. It empowers individuals who experience sex discrimination and provides a framework for legislative progress toward equality. With the support of advocacy groups and the majority of Americans, the ERA is a crucial step toward a more equitable and just society.
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The 28th Amendment's impact
On January 17, 2025, President Joe Biden recognised the Equal Rights Amendment (ERA) as the 28th Amendment to the U.S. Constitution. The ERA states that "equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex". This amendment is a significant advancement for women's rights in the country, as it explicitly prohibits sex discrimination and guarantees equal rights and protections for all Americans, regardless of their sex.
The impact of the 28th Amendment is far-reaching and profound. Firstly, it solidifies gender parity and equality under the law, ensuring that people are protected from sex discrimination in various areas such as employment, education, housing, and access to services. This means that individuals who experience sex discrimination will now have stronger legal protections and recourse to justice. The amendment also sends a powerful message about the country's commitment to equality and justice for all, reflecting the values of democracy and ensuring that the humanity of every person is recognised and valued.
Secondly, the 28th Amendment has the potential to address historical inequalities and promote social trust in democracy. By explicitly guaranteeing equal rights for women, the amendment can help to address the legacy of discrimination and inequality that women have faced throughout history. This can lead to increased social cohesion and trust in democratic institutions, as more citizens, especially women, feel that their rights are protected and their voices are heard.
Thirdly, the amendment can have a significant impact on policy-making and legislative progress. With the ERA in place, lawmakers and policymakers will be compelled to consider the impact of proposed laws and policies on gender equality. This can lead to more inclusive and equitable legislation, addressing issues such as unequal pay, workplace harassment, pregnancy discrimination, domestic violence, and access to healthcare. The ERA provides a legal framework for advocating for and achieving gender equality in various sectors, including politics, economics, and social services.
Lastly, the 28th Amendment has important symbolic value and educational potential. By including the ERA in the Constitution, the country acknowledges its commitment to equality and sends a message to future generations about the importance of equal rights. The amendment can be used as an educational tool to teach children and young people about equality, justice, and the ongoing struggle for civil rights. It can inspire and empower individuals to stand up for their rights and continue the work of advocating for equality and social justice.
While the 28th Amendment has been recognised by the President and supported by hundreds of thousands of Americans, it is important to note that there have been disputes and legal challenges regarding its ratification process and deadline. Some groups oppose the amendment, and the National Archives has not certified it as part of the Constitution. Despite these challenges, the recognition of the ERA as the 28th Amendment is a significant step towards ensuring equal rights and protections for all Americans, regardless of sex.
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Frequently asked questions
Yes, the 28th Amendment to the Constitution is the Equal Rights Amendment (ERA), which was recognised by President Biden in 2025.
The 28th Amendment guarantees equality of rights under the law regardless of sex. It states: "Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex".
The ERA was written by Alice Paul and Crystal Eastman and was first introduced in Congress in 1923. It gained support in the 1960s with the rise of the women's movement and was approved by the US House of Representatives in 1971 and the US Senate in 1972. It was then sent to the states for ratification, with a deadline of 1979, later extended to 1982.
The 28th Amendment is important because it explicitly prohibits sex discrimination under federal and state law. It is a vital tool for the judicial branch to review claims of sex discrimination and paves the way for legislative progress toward equality.
