January 17, 2025
President Joe Biden announced today that the Equal Rights Amendment is the “law of the land,” making it the 28th Amendment to the U.S. Constitution.
"It is long past time to recognize the will of the American people,” Biden said in a Jan. 17 statement. “In keeping with my oath and duty to 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 land, guaranteeing all Americans equal rights and protections under the law regardless of their sex.”
“UUP has always been a strong advocate for the Equal Rights Act and women’s rights, which is why we applaud President Biden for making it clear to all that the ERA is indeed the law of the land,” said UUP President Fred Kowal. “This is a historic event and one that is long overdue.”
UUP’s statewide officers expressed similar sentiments.
“The ERA was first proposed more than 100 years ago and the long road to its enactment proves yet again that when we persist in our demands for equality and justice, we prevail,” said Alissa Karl, UUP’s statewide Vice President for Academics. “We will surely meet resistance as we ensure that the ERA’s protections are realized for all, but we’ll keep on fighting!”
“In 2025, women perform every job, own their own homes and serve side by side with men on the battlefield,” said Carolyn Kube, UUP’s statewide Vice President for Professionals. ”I applaud President Biden on affirming that women finally have equal rights to men in this country. Our daughters will have a brighter future than women have today. “
“This gives me hope,” said Jeri O’Bryan-Losee, UUP’s Secretary-Treasurer. “As an amendment to the Constitution, the Equal Rights Amendment will bring very positive changes to how women and all Americans are treated under the law, regardless of their sex. We will be watching this issue closely and we will continue to support and defend the ERA.”
“President Biden’s statement on the ERA is historic and one that will provide protection to millions of Americans,” said statewide Membership Development Officer Patrick Romain.
Biden acts, questions remain
Democrats urged Biden to make the announcement, in the waning days of his term, to help defend women’s rights before Trump becomes president. NPR reported that New York Sen. Kirsten Gillibrand said Biden’s statement would protect abortion rights.
But, according to published reports, Biden isn’t going to order the National Archivist to certify and publish the ERA, which would finalize the process. The president doesn’t have a direct role in the amendment process and his statement is not legally binding.
Also, there are legal questions as to whether the 1972 amendment actually took effect in 2020 when Virginia became the 38th state to ratify it. Under the Constitution, three quarters of the states must ratify an amendment before it becomes law.
Biden believes the amendment became effective in 2020 with Virginia’s ratification. That year, the National Archivist refused to certify the amendment, basing their decision on an opinion by the Justice Department's Office of Legal Counsel that the ERA had expired because it missed a 1982 ratification deadline. But that opinion does not carry the force of law.
“Furthermore, no amendment has ever carried a deadline for ratification,” said Kowal. “Several amendments have taken decades, and in one case – the 27th Amendment – it took over two centuries for it to be ratified by the required number of states.”
“By standing together, SEIU and the AFL-CIO are sending a powerful message to President-elect Trump and his allies who are trying to pit working people against one another: The labor movement will not be fractured or silenced. Unions are a crucial part of a robust and fair economy—and SEIU’s affiliation with the AFL-CIO strengthens the collective power of millions of workers, enabling them to fight more effectively for better wages, benefits and working conditions. It also amplifies labor’s voice in advocating for progressive economic reforms that benefit all working families.”