• President Biden's declaration positions the Equal Rights Amendment (ERA) as a constitutional guarantee against gender discrimination.
• Despite his support, legal and procedural hurdles remain regarding ratification and certification of the ERA.
• The statement comes as Biden completes his term, amid renewed interest in gender equality following recent political developments.
• Key legal officials affirm that a Congressional or judicial action is needed to validate the amendment.
• The ongoing push for the ERA highlights the complicated relationship between various state and federal legal frameworks.

In a significant declaration, President Joe Biden stated the Equal Rights Amendment (ERA) should be considered the law of the land. Expressing a sentiment widely shared among advocates for gender equality, Biden emphasized, "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." He believes the amendment guarantees all Americans equal rights and protections under the law regardless of sex. This statement was aligned with the sentiments expressed by groups such as the American Bar Association, which argues that the ERA has fulfilled the necessary procedural requirements for ratification.

The various aspects of Biden's declaration are indicative of a long-standing struggle to embed gender equality in U.S. constitutional law. The ERA, originally introduced in 1923, gained substantial momentum after Virginia ratified it in 2020, becoming the crucial 38th state needed to complete the ratification process. Nevertheless, the amendment has faced procedural roadblocks; Congress initially set a ratification deadline in 1972 which was extended to 1982. The absence of action regarding the ERA’s certification leads to complications that have sparked extensive legal discourse. According to the National Archives, the ERA cannot be certified without Congressional action changing this deadline.

Biden’s announcement, deemed largely symbolic, is seen by many as a response to the growing discourse surrounding women's reproductive rights and gender equality, notably intensified following the Supreme Court’s decision to overturn Roe v. Wade. Senator Kirsten Gillibrand commended the administration's stance but recognized the legal complexities, pointing out that individuals and legal groups must now navigate through a web of existing decisions and laws that shape the amendment’s standing.

Amidst this backdrop, Biden's administration remains cautious in its approach. A senior official mentioned that while the President asserts his belief in the amendment's ratification, any further action that could provoke a legal dispute with Congress is being avoided. The ongoing discussions and town hall meetings surrounding the amendment suggest that public interest in gender equality remains robust despite political shifts in Congress and the incoming administration led by President-elect Donald Trump, who has shown little support for the ratification efforts.

Advocates assert the significance of reforming existing legal frameworks to protect gender equality comprehensively within the U.S. Constitution. As Biden's term concludes, the future of the ERA hangs in the balance, relying heavily on how both the federal and state governments navigate these current legal ambiguities. For insights on the evolving discussion around the ERA, additional details can be found by exploring coverage from ABC News, The Guardian, and Al Jazeera.