
In a surprising twist during the final days of his presidency, President Joe Biden declared on January 17, 2025, that the United States has officially adopted a 28th Amendment to the Constitution. According to Biden, this amendment guarantees equal rights regardless of sex. However, this claim has been met with immediate refutation from legal experts, historians, and the public, who stress that no such amendment exists.
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Joe Biden has unilaterally declared the addition of a 28th Amendment without Congressional ratification. pic.twitter.com/XGkxyh3pJN
— Ian Miles Cheong (@stillgray) January 17, 2025
The Announcement and Immediate Backlash
Biden’s statement, delivered via the White House, boldly asserted, “The 28th Amendment is the law of the land,” referencing the Equal Rights Amendment (ERA) and claiming it had been ratified by three-fourths of the states in 2020.
This announcement was quickly challenged:
- Legal Context: The ERA, proposed in 1972, fell short of ratification by the required 38 states before its congressional deadline. Attempts to revive the amendment have faced significant legal hurdles, with courts consistently affirming that deadlines are valid and enforceable. Moreover, the National Archivist has refused to certify the ERA as part of the Constitution, citing the expired deadline.
- Public Reaction: Social media platforms like X lit up with criticism. Community notes on Biden’s claim flagged the statement as inaccurate. Users expressed confusion and skepticism, questioning whether the president has the authority to declare an amendment into existence without due process.
Today I'm affirming what I have long believed and what three-fourths of the states have ratified:
— President Biden (@POTUS) January 17, 2025
The 28th Amendment is the law of the land, guaranteeing all Americans equal rights and protections under the law regardless of their sex. pic.twitter.com/oZtS6Q89zG
Biden and Harris tried to launder the same lie about the 28th Amendment to Americans and were both corrected by Community Notes. pic.twitter.com/dpw5eXOC7J
— The Rabbit Hole (@TheRabbitHole84) January 17, 2025
The Equal Rights Amendment: A Controversial History
The ERA’s path to constitutional inclusion has been marked by decades of challenges:
- Initial Ratification Failure: By 1982, only 35 states had ratified the ERA, three short of the required threshold. Nevada, Illinois, and Virginia later ratified the amendment in the 2010s and 2020s, but these actions were widely seen as too late due to the expired congressional deadline.
- Legal Disputes: Ongoing debates persist about whether states can rescind ratifications and whether Congress can retroactively extend deadlines. The lack of clear legal consensus has left the ERA in limbo.
- Biden’s Advocacy: As a long-time ERA supporter, Biden and his administration have argued that the amendment has cleared all necessary hurdles. However, without formal certification by the National Archivist, this position lacks legal standing.
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President Joe Biden’s claim of a 28th Amendment being ratified stands as a stark example of misinformation at the highest level of government. While his intentions to highlight the Equal Rights Amendment align with advocates for gender equality, the method of declaring an amendment without legal validation has been widely criticized.
The ERA’s future remains uncertain, its path to becoming part of the Constitution mired in legal and political disputes. This incident underscores the complexities of constitutional law and the importance of adhering to the checks and balances that define the amendment process.