TBA Law Blog

TBA Law Blog

Biden Affirms Equal Rights Amendment is Part of Constitution

Posted by: Azya Thornton on Jan 17, 2025
News Type: Legal News

President Joe Biden has asserted that the Equal Rights Amendment (ERA), which prohibits discrimination based on sex, is part of the Constitution, arguing it has met the criteria to be added as the 28th Amendment, The Hill reports. "The American Bar Association (ABA) has recognized that the ERA has cleared all necessary hurdles to be formally added to the Constitution as the 28th Amendment. I agree with the ABA and with leading legal constitutional scholars that the Equal Rights Amendment has become part of our Constitution,” Biden said. He also affirmed that the 28th Amendment guarantees all Americans equal rights and protections under the law regardless of sex. Biden said the ERA “is the law of the land” because it was passed by a two-thirds majority in Congress and ratified by three-quarters of the states. However, he has not directed the archivist to formally add the amendment to the Constitution, which could invite legal challenges, the news outlet reports.

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