Biden Says Equal Rights Amendment Has Passed, but Does Not Force Certification

[mahatmakanejeeves]

Biden Says Equal Rights Amendment Has Passed, but Does Not Force Certification
President Biden’s remarks were largely a symbolic gesture of support for a century-long campaign to enshrine gender equality into the Constitution. But advocates said they could add heft to a future legal fight.


President Biden said he believes that the Equal Rights Amendment has met the requirements of ratification and therefore is now part of the Constitution. Eric Lee/The New York Times

By Peter BakerErica L. Green and Annie Karni
Reporting from Washington
Jan. 17, 2025
Updated 12:24 p.m. ET

President Biden declared on Friday that he believes that the Equal Rights Amendment has met the requirements of ratification and therefore is now part of the Constitution, but he declined to order the government to finalize the process by officially publishing it.

“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,” Mr. Biden said in a statement.

Under the Constitution, however, the president has no direct role in approving amendments and his statement has no legal force by itself. The archivist of the United States, a Biden appointee, has refused to formally publish the amendment on the grounds that it has not met the requirements to become part of the Constitution.

{snip}

Peter Baker is the chief White House correspondent for The Times. He has covered the last five presidents and sometimes writes analytical pieces that place presidents and their administrations in a larger context and historical framework. More about Peter Baker

Erica L. Green is a White House correspondent, covering President Biden and his administration. More about Erica L. Green

Annie Karni is a congressional correspondent for The Times. She writes features and profiles, with a recent focus on House Republican leadership. More about Annie Karni

[hlthe2b]

1. And Laurence Tribe says it is bullshit that such steps are required and that is now law:

Laurence Tribe - The Equal Rights Amendment at Long Last [View all]
It is not necessary for the National Archivist to publish the ERA in order for it to be adopted according to the provisions of the Constitution.


In our modern age of broadcast, cable and internet communication, the President’s announcement itself performed that function.

Accordingly, our Constitution now demands that “equality of rights under the law cannot be denied or abridged by the United States or any state on account of sex.”

It’s long past time!

https://contrarian.substack.com/p/the-equal-rights-amendment-at-long?r=1ndny&utm_medium=ios&utm_source=notes-share-action

Read the entire piece above.

[Igel]

2. Or we could follow the resolution as actually passed by Congress.

Instead of chucking the parts that we don't like and pretending they don't exist because, well, I guess we all have a little Gollum in us and for some the ERA is absolutely precious.