The ERA and Gender Equity

On January 17, 2025, President Biden declared the Equal Rights Amendment (ERA) is the law of the land as the 28th Amendment to the U.S. Constitution. The ERA strengthens protections against gender-based discrimination, offering a robust foundation to combat gender-based violence, pay inequality, access to reproductive health and other forms of discrimination disproportionately affecting women and other marginalized groups.

Despite this historic milestone, misinformation about the Equal Rights Amendment continues to circulate. Some claim an arbitrary timeline imposed by Congress is binding, but the text of the ERA ratified by the states includes no such restrictions, making the timeline irrelevant. Others argue states can rescind their ratifications, yet historical precedent shows this is not allowed. President Biden’s declaration affirms the ERA’s legitimacy, superseding the Archivist’s need to act as their role is purely ministerial.

As legal scholars Laurence H. Tribe and Kathleen M. Sullivan explain in The Contrarian:
“It is not necessary for the National Archivist to publish the ERA for it to be adopted under the Constitution. The President avoided conflict with the Archivist, who recently stated she would defy her ministerial duty to publish the ERA. Nearly a century ago, Congress tasked the Archivist with ensuring the nation was informed that an amendment was in force. In today’s age of instant communication, the President’s announcement fulfills that function.” The Honorable Russ Feingold provides a very clear explanation in the Nation.

Now, it’s time to raise awareness: the debate is over—the Equal Rights Amendment is the 28th Amendment to the Constitution and we will use it to make gender equality a reality.

Zakiya Thomas
President & CEO ERA Coalition and ERA Coalition Forward

Tell our members of Congress to support the ERA!
Call U.S. Senators Thom Tillis (202-224-6342), Ted Budd (202-224-3154)
and U.S. Representative Chuck Edwards, 11th District, (202-225-6401)
and tell them to support the ERA.