Biden Acknowledges Equal Rights 28th Amendment Ratification but Delays Publishing It

Introduction
President Joe Biden has officially recognized the ratification of the Equal Rights Amendment (ERA) by the required 38 states, a milestone achieved in 2020. However, despite meeting all constitutional requirements to become the 28th Amendment, Biden refrained from directing the U.S. archivist to publish the amendment, leaving its status in limbo.

Biden’s Acknowledgment of ERA Ratification
After years of delay, President Biden acknowledged on Friday that the ERA has fulfilled the necessary criteria to be included in the U.S. Constitution. However, his administration has maintained its position that additional steps are required, citing a disputed time limit for ratification imposed in 1972.

Legal and Constitutional Perspectives
The Constitution itself does not reference time limits for amendment ratification, nor does it grant Congress the authority to impose such restrictions once an amendment has been proposed. The case of the 27th Amendment, ratified in 1992 after more than two centuries, underscores this precedent.

In contrast, Colleen Shogan, who oversees the National Archives and would be responsible for publishing the amendment, stated in December that the ERA could not be certified as part of the Constitution. This stance was supported by Deputy Archivist William Bosanko, citing established legal, judicial, and procedural precedents. Shogan referenced two opinions issued by the Office of Legal Counsel at the U.S. Department of Justice in 2020 and 2022, which concluded that the ratification deadlines set by Congress were legally enforceable, thereby preventing the amendment’s certification.

What Happens Next?
While supporters of the ERA argue that no further action is necessary beyond publication by the president, the Biden administration insists that Congress must authorize this step due to the expired time limit. This stance has reignited debates over the amendment’s legal standing and the broader issue of gender equality.

President Biden is relying on the opinion of the American Bar Association, according to a senior administration official. The association emphasizes that the text of the Equal Rights Amendment (ERA) does not include any time limit for ratification. It also highlights that the framers of the Constitution intentionally avoided creating potential chaos by allowing states to rescind their ratification votes after they had been cast.

Conclusion
Although President Biden’s acknowledgment of the ERA’s ratification marks progress, his reluctance to publish the amendment leaves its future uncertain. The Equal Rights Amendment, which aims to guarantee equal rights regardless of sex, remains a critical and contentious issue in the ongoing fight for gender equality.

FAQs About the Equal Rights Amendment and Biden’s Acknowledgment

1. What is the Equal Rights Amendment (ERA)?
The ERA is a proposed amendment to the U.S. Constitution aimed at guaranteeing equal rights under the law regardless of sex.

2. Has the ERA been ratified?
Yes, the ERA was ratified by the required 38 states as of 2020, meeting all constitutional requirements to become the 28th Amendment.

3. Why hasn’t the ERA been published yet?
Despite the ratification, President Biden has not directed the U.S. archivist to publish the amendment, citing an expired time limit imposed by Congress in 1972.

4. Does the Constitution allow time limits on amendments?
No, the Constitution does not mention time limits for ratification or give Congress authority to restrict states’ ability to ratify amendments.

5. How does the 27th Amendment relate to this issue?
The 27th Amendment, which prevents immediate congressional pay raises, was ratified in 1992—over two centuries after being proposed. This sets a precedent that time limits may not be binding.

6. What happens next for the ERA?
The Biden administration argues Congress must authorize the publication of the ERA, while supporters believe it is already valid and should be published without further steps.

7. Why is the ERA important?
The ERA would enshrine gender equality into the Constitution, strengthening protections against sex-based discrimination in areas like employment, pay, and legal rights.

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