'This Is a Victory': Biden Affirms ERA Has Been 'Ratified' and Law of the Land

More than half a century after the U.S. Congress passed the Equal Rights Amendment, President Joe Biden on Friday announced his administration's official opinion that the amendment is ratified and its protections against sex-based discrimination are enshrined in the U.S. Constitution.

The announcement has been long demanded by rights advocates including Democratic lawmakers who have recently called on Biden to affirm the ERA's ratification in order to protect reproductive rights that have been gutted by the Republican Party.

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

The statement came five years after Virginia became the 38th state to ratify the ERA. With that move, state lawmakers completed the requirement that three-fourths of U.S. states ratify the amendment.

According to the Brennan Center for Justice, ratification deadlines that were set by Congress after the ERA had passed by the time Virginia ratified the amendment, and five states have rescinded their approval.

But a senior White House official toldCNN Friday that the president's decision was informed by the American Bar Association's opinion that "no time limit was included in the text of the Equal Rights Amendment."

"The Constitution's framers wisely avoided the chaos that would have resulted if states were able to take back the ratifying votes at any time," according to the legal association.

Former U.S. Rep. Cori Bush (D-Mo.), who in November called on Biden to take every action available to him in order to protect reproductive rights, including ensuring the ERA was recognized as part of the Constitution, called the president's announcement "an historic and consequential step."

"For over a century, we have fought for the principle that 'equality of rights under the law shall not be denied or abridged by the United States or any state on account of sex,'" said Bush. "These 24 words must now be published and enshrined in our Constitution to provide a crucial safeguard against discrimination for women, LGBTQ+ folks, and all marginalized communities."

With Biden issuing his opinion, advocates have held that the archivist of the United States, Colleen Shogan, must now certify and publish the amendment.

In December, Shogan released a statement saying that in 2020 and 2022, "the U.S. Department of Justice affirmed that the ratification deadline established by Congress for the ERA is valid and enforceable" arguing that the ERA could not be certified.

The senior administration official told CNN that Shogan "is required to publish an amendment once it has been effectively ratified."

"It will be up to the courts to interpret this and their view of the Equal Rights Amendment," they added.

Kate Kelly, a human rights lawyer who wrote the book Ordinary Equality about the ERA, asserted the amendment has been part of the Constitution since it was ratified by Virginia in 2020.

"The Archivist has no constitutional or legal role in the amending process," said Kelly. "She does NOT get to decide what is or is not in the U.S. Constitution. Her boss (the president of the United States) has spoken for his administration. That's it. The ERA is in! This is a victory."

Rep. Pramila Jayapal (D-Wash.) said Biden's action on Friday honored "the work of generations of activists and organizers for equal rights."

"While we still have much work to do to ensure that the next generation of women has more, not less, rights than previous generations, this is an important declaration," said Jayapal. "Now we must do the work to truly make this the practice of the land."