Biden declares Equal Rights Amendment is the ‘law of the land,’ contradicting archivists, Constitution

By Jennifer Shutt
Ohio Capital Journal

WASHINGTON — President Joe Biden released a statement Friday saying he believes the Equal Rights Amendment should be added as the 28th Amendment to the Constitution, despite a statement from the archivist of the United States that it cannot.

Biden’s three-paragraph announcement did not explain why he waited until the last few days of his presidency to make the declaration, even though he cited Virginia ratifying the ERA nearly four years ago.

“The American Bar Association (ABA) has recognized that the Equal Rights Amendment has cleared all necessary hurdles to be formally added to the Constitution as the 28th Amendment,” Biden wrote. “I agree with the ABA and with leading legal constitutional scholars that the Equal Rights Amendment has become part of our Constitution.

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

Archivist differs

Biden’s statement is in strong contrast to a written statement Archivist of the United States Colleen Shogan and Deputy Archivist William J. Bosanko released in mid-December that said adding the ERA as an official amendment to the Constitution wasn’t possible.

“At this time, the Equal Rights Amendment (ERA) cannot be certified as part of the Constitution due to established legal, judicial, and procedural decisions,” they wrote.