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Biden’s Equal Rights Post Sparks Legal Debate: Will The 28th Amendment Be Ratified?

President Biden's ratification of the Equal Rights Amendment was controversial as a 'Community Note' on X challenged his claim. The amendment is expected to face legal challenges, since its official status remains disputed, and it questions the 28th Amendment.

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Biden’s Equal Rights Post Sparks Legal Debate: Will The 28th Amendment Be Ratified?


The outgoing President Joe Biden made news on Friday as he declared an important ratification of the Equal Rights Amendment. In a post, he claimed that the ERA had been ratified, making it one of his last acts of executive power as president. But the declaration sparked controversy, mainly after a ‘Community Note’ under the post said that the amendment has not been ratified.

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Biden’s Declaration On The ERA

In his post, President Biden describes how he believes deeply in the necessity of the Equal Rights Amendment by stating, “Today I’m affirming what I have long believed and what three-fourths of the states have ratified.” He continues, “The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex.” This aligns with Biden’s long-standing support for gender equality and legal protections for all Americans.

However, the statement was met with swift pushback. A ‘Community Note’ attached to the post, and displayed under the announcement on X (formerly Twitter), called the veracity of Biden’s assertion into question. The note-which cited a ruling from legal precedent by the Archivist of the United States-stated the ERA was never ratified. “The Archivist of the United States, charged with officially publishing ratified amendments, has confirmed that the ERA was not ratified,” the note read, adding, “There is no 28th Amendment.”

What Is The Equal Rights Amendment?

The Equal Rights Amendment is a proposed amendment to the United States Constitution that ensures equal legal rights for all American citizens without regard to sex. It was first introduced in Congress in 1923 and was passed in 1972 but never fully ratified into the Constitution. The text of the amendment states: “Equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex.

Despite widespread support, the ERA has faced legal challenges over the years, and it has yet to become an official amendment. The controversy surrounding Biden’s post highlights ongoing debates about the amendment’s status and the broader fight for gender equality under U.S. law.

Biden Administration’s Clarification

While President Biden’s post seemed to indicate that the ERA had been ratified, a senior official in his administration quickly clarified that Biden’s statement was not an official executive order, but rather an expression of opinion. According to the official, Biden was “stating an opinion that it is ratified,” and emphasized that the President agreed with prominent constitutional scholars and the American Bar Association on the matter. Although, according to the official, Biden’s position was based on his confidence that the amendment had been ratified and, therefore not based on any legal ruling to that effect.

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