WASHINGTON — A cohort of more than 120 House lawmakers sent a letter to President Joe Biden on Sunday, urging him to use his final weeks in office to ensure the Equal Rights Amendment, known as the ERA, is enshrined as law in the U.S. Constitution. 

What You Need To Know

  • A cohort of more than 120 House lawmakers sent a letter to President Joe Biden on Sunday, urging him to use his final weeks in office to ensure the Equal Rights Amendment, known as the ERA, is enshrined as law in the U.S. Constitution
  • The ERA – which seeks to establish an equality of rights that cannot be denied on the basis of gender – cleared both chambers of Congress more than five decades ago but did not meet the necessary threshold in terms of support from states that is required for a new amendment by the deadline
  • The lawmakers argue that despite coming well after the deadline, Virginia’s decision in 2020 to retify it means the ERA has met the qualifications to become law and call on the outgoing president to direct the Archivist to certify and publish it 
  • The group -- led by Democratic Reps. Cori Bush of Missouri and Ayanna Pressley of Massachusetts -- cite President-elect Donald Trump's return to the White House in January as a reason getting the ERA ratified now is particularly important 

The ERA — which seeks to establish an equality of rights that cannot be denied on the basis of gender — cleared both chambers of Congress more than five decades ago but did not meet the necessary threshold in terms of support from states that is required for a new amendment by the deadline. That requirement was officially met in 2020 when Virginia became the 38th state to ratify the amendment. 

The lawmakers argue that despite coming well after the deadline, Virginia’s decision means the ERA has met the qualifications to become law and call on the outgoing president to direct the national archivist to certify and publish it — the last step before it could become the 28th Amendment to the Constitution. 

“We urge you to take this final, transformative step toward ensuring the full promise of equality for every person in the United States,” the group of House members, led by Democratic Reps. Cori Bush of Missouri and Ayanna Pressley of Massachusetts, wrote. 

The lawmakers note that despite the existence of other legal protections against sex discrimination — such as Title VII of the Civil Rights Act — such laws are not stated in the Constitution. Establishing the ERA as the 28th Amendment, they write, would be “unambiguous” and particularly important, they argue, ahead of President-elect Donald Trump’s return to the White House in January. 

“This action is essential as we prepare to transition to an administration that has been openly hostile to reproductive freedom, access to health care, and LGBTQIA+ rights,” the group wrote. 

The cohort also makes the case to Biden –— who has seen his last months in office dominated by headlines about his decisions to drop out of the 2024 race and pardon his son — that such a move would “stand as a defining achievement of your presidency.” 

In a statement on Women’s Equality Day last year, Biden noted that he has “long supported” the ERA since he “first ran for public office” but appeared to imply it was up to Congress to act.  

“As we mark Women’s Equality Day, I continue to urge Congress to act swiftly to recognize ratification of the ERA and affirm the fundamental truth that all Americans should have equal rights and protections under the law,” the president wrote.