In a symbolic gesture, Biden claims that the Equal Rights Amendment is now the “law of the land”

Chairman Joe Biden stated Friday that he believes that Equal Rights Amendmentwhich guarantees equal rights for women, to be “the law of the land.” The surprise announcement came in the eleventh hour of his presidency and sparked celebration among the amendment’s backers.

“It is long past time to recognize the will of the American people. In accordance with my oath and duty to the Constitution and country, I affirm what I believe and what three-fourths of the states have ratified: the 28th Amendment is the law of the country and guarantee all Americans equal rights and protection under the law regardless of their gender,” Biden said a statement Friday.

There is only one caveat: Biden’s declaration has no formal effect because the executive branch does not have a direct role in the amendment process.

For the ERA to come into force, it must be formally published or certified by the National Archivist. Sore NPRtold White House reporters on a conference call that Biden will not order the archivist to certify and publish the ERA. A senior administration official said the archivist’s role is “purely ministerial” and the archivist is required to publish the change once it is ratified.

Equal Rights Amendment, passed by Congress in 1972, prohibits federal and state governments from denying rights based on gender. The Constitution requires amendments to take effect when three-quarters of the states ratify them. Virginia became the 38th state to ratify the amendment in 2020, but that came well past the 1982 deadline set by Congress.

Last month, the archivist’s office announced a statement that it could not legally certify and publish the change because the Justice Department’s Office of Legal Counsel has twice confirmed that the 1982 ratification deadline set by Congress for the ERA is valid and enforceable.

Congress or the courts would have to take new steps to extend or renew the ratification deadline for the archivist to publish the change, the archivist said.

Biden’s move follows appeals from activists and Democratic lawmakers, including New York Sen. Kirsten Gillibrand, who argued the amendment could be a way to protect abortion rights. Gillibrand praised Biden’s statement in a statement Friday.

“This is an incredible moment for reproductive freedom and a historic day for gender equality — especially with Americans facing the further erosion of reproductive freedom as the incoming administration takes office,” she said. wrote.