• President Joe Biden claims the Equal Rights Amendment (ERA) is now the "law of the land."
• The ERA, proposing gender equality, faces judicial and procedural hurdles for certification.
• Opponents argue that the necessary ratification deadline has passed.
• Senate efforts to solidify the amendment ended in a blocked vote amid political contention.
• Gender pay disparities persist, highlighting the need for the ERA's protections.

In a significant statement marking a pivotal moment in the ongoing battle for gender equality, President Joe Biden declared the Equal Rights Amendment (ERA) to be "the law of the land" on January 17, 2025, despite the unresolved constitutional implications surrounding its status. This announcement comes just days before the transition to President-elect Donald Trump, prompting questions regarding the practical impacts of Biden's remarks.

The Equal Rights Amendment, which asserts that "equality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex," has been a focal point for advocates seeking to eliminate gender discrimination and promote equal pay. However, the viability of the amendment has been met with substantial political scrutiny, especially following the U.S. Senate's rejection of a measure aimed at ratifying the amendment in 2023, falling short of the required votes to overcome filibuster rules ([USA Today]).

Initially proposed in 1923 and passed by Congress in 1972, the ERA requires ratification by three-fourths of state legislatures in order to be added to the Constitution. As of now, only 38 states have ratified the amendment, with Virginia as the last to do so in 2020. Critics argue that the deadline for ratification—a key defining parameter for constitutional amendments—has elapsed, a viewpoint supported by the National Archivist, who clarified that adhering to established legal principles signifies that the ERA cannot be certified ([Reuters]).

Supporters remain determined, emphasizing the necessity of the ERA in protecting against ongoing wage disparities—wherein, according to the Department of Labor, women earned about 84 cents for every dollar earned by men in 2023, with Black women earning even less at just 69 cents per dollar. Thus, this declaration reflects both a symbolic victory for activists and a spotlight on the hurdles that remain in the quest for gender equality in the U.S.

As the nation moves toward a new administration, the future of the Equal Rights Amendment continues to provoke debate, leaving its definitive status as a constitutional guarantee uncertain.