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colleen shogan
'This Is a Victory': Biden Affirms ERA Has Been 'Ratified' and Law of the Land
"It is long past time to recognize the will of the American people," said the president.
Jan 17, 2025
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that were set by Congress after the ERA had passed by the time Virginia ratified the amendment, and five states have rescinded their approval.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."
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More Than 120 House Democrats Call On Biden to Ratify ERA
"Solidifying your legacy on equal rights with a final action on the ERA would be a defining moment for the historic Biden-Harris administration and your presidency," said the lawmakers.
Dec 16, 2024
With weeks to go until President-elect Donald Trump is set to take office with a Republican trifecta in the White House, Senate, and House of Representatives, more that 120 Democratic lawmakers on Sunday called on President Joe Biden to take a crucial step toward protecting millions of Americans from Trump's far-right MAGA agenda by ratifying the Equal Rights Amendment.
The ERA was passed by Congress in 1972, and met the requirement for it to be ratified by three-fourths of U.S. states in 2020, when Virginia became the 38th state to ratify the amendment.
Yet during his first term, Trump and the Republican party blocked the implementation of the ERA, claiming that since nearly 50 years passed in between the amendment's passage and the meeting of the ratification requirement, the threshold was not achieved by the deadline set by Congress.
"No Republican would care about" the deadline, said journalist Emma Vigeland, "if roles were reversed."
Citing the U.S. Code, Reps. Ayanna Pressley (D-Mass.) and Cori Bush (D-Mo.)—co-chairs of the Congressional Caucus for the Equal Rights Amendment—led their colleagues in telling Biden that the national Archivist, Colleen Shogan, is required to certify an amendment "when the National Archives and Records Administration receives official notice that a proposed amendment to the Constitution has been approved by enough states."
All Biden has to do to ratify the amendment, which would explicitly outlaw sex and gender discrimination, is direct Shogan to publish the ERA, said the lawmakers.
"Solidifying your legacy on equal rights with a final action on the ERA would be a defining moment for the historic Biden-Harris administration and your presidency," wrote the representatives, including Reps. Alexandria Ocasio-Cortez (D-N.Y.), Maxwell Alejandro Frost (D-Fla.), and James McGovern (D-Mass.).
Earlier this month, 46 U.S. senators joined the call for Biden to ratify the ERA.
As Trump has bragged about his hand in the U.S. Supreme Court's overturning of Roe v. Wade and Republicans have advocated for a national abortion ban, reproductive right advocates have said that after being officially added to the U.S. Constitution, the ERA could be invoked by judges to overturn anti-abortion laws.
In Utah, a state-level ERA was invoked in September to place an abortion ban on hold.
"A constitutional guarantee against sex discrimination would strengthen the protection of reproductive rights, ensuring that people have the right to make decisions about their own bodies without political interference or unequal treatment," wrote the lawmakers.
The signatories noted that portions of the Civil Rights Act and Education Amendments protect people from government-based sex discrimination, but gender equality is still "vulnerable to changes in the political landscape, judicial interpretations, and shifts in public opinion" because the Constitution does not explicitly protect it.
"By adding the ERA to the Constitution, it would establish an unambiguous guarantee that sex-based discrimination is unconstitutional," wrote the lawmakers. "The ERA would help eliminate gender-based pay gaps, improve workplace protections, and ensure that gender biases no longer affect hiring, promotions, or job security. With the ERA enshrined in the Constitution, people who experience sex-based discrimination would have a clearer legal path to challenge discriminatory laws or policies. California's state ERA did just that, securing protections for women in the workforce and ensuring equal treatment in education and healthcare."
By directing Shogan to ratify and publish the ERA, they added, Biden would be throwing his unequivocal support behind an amendment supported by 78% of Americans, according to a 2020 Pew Research Center poll.
Biden said on August 26, Women's Equality Day, that he has "long supported the ERA" and called on Congress "to act swiftly to recognize ratification of the ERA and affirm the fundamental truth that all Americans should have equal rights and protections under the law."
But by simply "directing the archivist to publish the ERA," said the lawmakers, Biden would "leave an indelible mark on the history of
this nation, demonstrating once again that your legacy is one of expanding rights, protecting freedoms, and securing a more inclusive future for all Americans. We urge you to take this final, transformative step toward ensuring the full promise of equality for every person in the United States."
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46 Senators Call on Biden to Certify Equal Rights Amendment as GOP Control Looms
"There is no excuse for leaving us all unprotected," said one advocate.
Dec 03, 2024
Emphasizing that the Equal Rights Amendment is the only proposed constitutional amendment that has yet to be certified, 46 U.S. senators have joined the growing national call for President Joe Biden to ensure the proposed statute is part of the Constitution when he leaves office in January.
Reporting on the letter on Tuesday, the Virginia-based publication Style Weekly noted that the state's two Democratic senators—Sens. Mark Warner and Tim Kaine—joined almost the entire Democratic caucus in sending the letter to Biden on November 22. Independent Sens. Angus King of Maine and Bernie Sanders of Vermont signed the letter, but Sen. Joe Manchin (I-W.Va.), who also caucuses with the Democrats, did not.
The ERA was passed by Congress in 1972, and was immediately ratified by 35 states. It took nearly five decades for the amendment to be ratified by three-fourths of U.S. state legislatures, with Virginia becoming the 38th state to ratify it in 2020.
Despite the amendment meeting the ratification requirements, Biden has yet to direct the national archivist, Colleen Shogan, to certify the ERA and publish it in the Federal Register, which would formally cement it as part of the U.S. Constitution.
Once published, the amendment would guarantee legal equality between men and women, and reproductive rights advocates have said it could be invoked by judges to overturn anti-abortion rights laws that have been passed by Republican-controlled state legislatures across the country—an urgent issue as President-elect Donald Trump's second term in office with a GOP-controlled Congress draws near.
"As you are keenly aware," wrote the senators, "after nearly 50 years under the protections of Roe, more than half of all Americans have seen their rights come under attack, with access to abortion care and lifesaving healthcare varying from state to state. A federal solution is needed, and the ERA is the strongest tool to ensure equality and protect these rights for everyone. It would establish the premise that sex-based distinctions in access to reproductive care are unconstitutional, and therefore that abortion bans—which single out women for unfair denial of medical treatment based on sex—violate a constitutional right to sex equality."
The senators noted that state-level equal rights amendments have already been used in Connecticut, New Mexico, Pennsylvania, Utah, and Nevada to protect against "legislative infringements on women's reproductive freedom."
The letter was reported ahead of a virtual town hall scheduled for Tuesday at 7:00 pm ET, when Sen. Kirsten Gillibrand (D-N.Y.) is scheduled to speak about the ERA.
The town hall was organized by the Biden Publish the ERA Alliance, which consists of 20 non-partisan advocacy groups including Doctors for America, Free Speech for People, and the League of Women Voters.
Organizers are also planning rallies in Washington, D.C. on Wednesday and next week.
Kati Hornung, co-founder of Vote Equality U.S. and a leader in the grassroots effort that pushed Virginia to ratify the ERA, told Style Weekly that Biden "campaigned on fixing our constitutional gender equality gap and his campaign even requested to speak at a VAratifyERA event in 2019."
"He is running out of time to tell the national archivist, Colleen Shogan, to do her job," she said. "One hundred seventy million women and girls have been waiting 101 years for this amendment to be added and with the increased threats to our LGBTQIA+ family and friends, there is no excuse for leaving us all unprotected."
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