Joe Biden has declared that the Equal Rights Act (ERA) has become the law of the land and is now the 28th Amendment to the US Constitution. The outgoing President said Virginia became the 38th state to ratify the act, therefore clearing all necessary hurdles and challenges to become ratified. This is simply untrue. The Virginia ratification was past deadline. There are other things that simply make the idea of a 28th amendment existing categorically false.
The National Archivist, who is responsible for enrolling new amendments, cites a legal opinion drafted by Biden’s DOJ in 2022 confirming the position of no ratification. It is unknown why Team Biden would say such a thing in the final days of Biden’s time in office. Maybe the objective is to force the issue due to House Republicans passing a bill that would ban transgender women from women’s sports. The idea of the ERA is to utilize it to combat Republicans on the issue of abortion, transgender rights, and a whole host of other things relating to “gender equality.”
SOURCES:
Biden says Equal Rights Amendment should be considered ratified but not taking action – ABC News
Biden declares there is now a 28th Amendment. There is not. – The Washington Post
Biden Says States Ratified Equal Rights Amendment (ERA) to Constitution
House passes bill to ban transgender student-athletes from women’s sports
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