Response to President Biden’s Statement on the Equal Rights Amendment

Author: Commission News
Published: Sep 04, 2024

Friday, January 17, 2025
Sacramento, CA

"Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex."- Equal Rights Amendment

The ERA was passed by Congress in 1972, and in 2020 met the constitutional requirement of ratification by 38 states. Today, President Biden formally declared the Equal Rights Amendment to be the law of the land, and that it has met the requirements to be included in our Constitution. Although he did not instruct the Archivist of the United States to publish the fully ratified amendment, this still marks an historic step in the more than 100-year struggle for equality.

Although many of the country's top Constitutional scholars support the President's affirmation, the Archivist continues to hold that the Amendment cannot be certified without further action by Congress or the courts. Today's declaration will not change the Department of Justice Office of Legal Counsel's opinion that the 1982 ratification deadline established by Congress for the ERA is valid and defensible. The Federal Register today additionally does not reflect publication of the ERA. We won't stop pushing for publication but move forward in our advocacy knowing that the 28th Amendment has been formally declared to be the law of land.

The Commission looks forward to working with our partners and the ERA Coalition to ensure that women are reflected visibly through publication of the 28thAmendment to the U.S. Constitution as equal citizens under the law.

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About the California Commission on the Status of Women and Girls

For nearly 60 years, the California Commission on the Status of Women and Girls has identified and worked to eliminate inequities in state laws, practices, and conditions that affect California's women and girls. Established as a state agency with 17 appointed commissioners in 1965, the Commission regularly assesses gender equity in health, safety, employment, education, and equal representation in the military, and the media.