President Joe Biden set off a wave of criticism on Friday after making the startling declaration that the Equal Rights Amendment (ERA) is now the 28th Amendment to the United States Constitution—despite the fact that it has not been officially ratified. Speaking at a Department of Defense Commander in Chief farewell ceremony, Biden’s remarks have ignited controversy and raised serious questions about the legal standing of such a claim.
A Bold and Questionable Declaration
“The Equal Rights Amendment is the law of the land now! It is the 28th Amendment to the Constitution now!” Biden exclaimed, his voice rising in what many critics are calling a “screaming tyrannical rant.” However, constitutional experts and legal scholars were quick to point out that this assertion lacks the necessary legal framework to be considered valid.
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The ERA, originally passed by Congress in 1972, aims to ensure “equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” For an amendment to officially become part of the Constitution, it must be ratified by three-quarters of the states—a threshold reached in 2020 when Virginia became the 38th state to ratify the ERA. However, significant obstacles remain.
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