President Biden doesn't seem to be resting during his final weekend in the White House. Instead, he is pushing a new constitutional amendment that would make the Equal Rights Amendment (ERA) the “law of the land.”
In a statement released by the White House, Biden called on the United States to “affirm and protect the full equality of women once and for all.”
Although his claims are clear in his statement, posts on his official X account prompted users to ridicule the president. This post references the 28th Amendment. However, there are only 27 amendments to the U.S. Constitution, the last of which was ratified in 1992.
The post on X refers to the ERA as the “Land Act” and implies that the ERA is already part of the Constitution, which is not the case. Social media users were quick to point this out, with some calling the president a “dictator.”
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Others online brought up Biden's past comments about Trump being a “threat to democracy” and accused the president of trying to “declare” the amendment into law.
On January 15, 2025, Mr. Biden gives a farewell address to the nation from the Oval Office of the White House in Washington, DC. (Mandel Gann/Pool via Reuters)
In a statement, Biden cited an opinion from the American Bar Association, arguing that the ERA “has cleared all the necessary hurdles to be formally added to the Constitution.” Biden added, “I agree with the ABA and leading constitutional scholars that the Equal Rights Amendment is now part of our Constitution.” But despite Biden's claims, the National Archives disagreed.
“Established legal, judicial, and procedural decisions preclude the Equal Rights Amendment from being recognized as part of the Constitution at this time,” the National Archives said in a December statement about the ERA.
President Joe Biden speaks in the Roosevelt Room of the White House on September 15, 2023 in Washington, DC. (Chris Kleponis/CNP/Bloomberg via Getty Images)
Era: What you need to know about the Equal Rights Amendment
ERA, a constitutional amendment that guarantees “equal rights under the law” to all Americans, regardless of gender. Its latest iteration was the New York Democratic Party's swift response to the Supreme Court's Dobbs v. Jackson Women's Health Organization decision in June 2022.
“It is long past time to recognize the will of the American people. In accordance with my oath and duty to the Constitution and my nation, I affirm what I believe and which three-fourths of the states have ratified. Amendment “Title 28 is a law of the United States,” Biden said in a White House statement. “This land guarantees all Americans, regardless of gender, equal rights and protection under the law.” said.
This claim “added context that our readers thought people might want to know. The U.S. archivist who was responsible for formally publishing the ratified amendments was aware that the ERA had not been ratified. and confirmed that the analysis is binding,” prompted a community note. No legal precedent exists. ”
A spokesperson for the Biden administration did not respond to a request for comment.
The president's official account, which currently represents the Biden administration, drew heavy criticism for this statement. (Chip Somodevilla)
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In recent years, the divide in the United States over women's rights has widened. While some praised the Supreme Court's Dobbs decision, others saw it as a fundamental attack on freedom. Furthermore, the inclusion of transgender athletes in women's sports has become a hotly debated topic of fairness and equality.
