By PAULA TRACY, InDepthNH.org
CONCORD – On one of his last days in office, President Joe Biden affirmed that the 28th Amendment is the law of the land, marking an important milestone in adding the Equal Rights Amendment to the Constitution.
But while the Executive Office has no power over National Archivist Colleen Shogan who must certify the ERA, it remains unclear what will happen next.
New Hampshire is among 38 states which ratified the ERA but many southeastern states like Florida, and some in the west including Utah and Arizona have not done the same.
The state’s Democratic leaders had written to Biden Jan. 2 to ask him to affirm the ERA and on Friday, he did just that.
Biden said, “I have long been clear that no one should be discriminated against based on their sex. We, as a nation, must affirm and protect women’s full equality once and for all.
“It is long past time to recognize the will of the American people. In keeping with my oath and duty to the 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.”
U.S. Rep. Maggie Goodlander, D-NH, responded to the decision with praise.
“For more than a half-century, the New Hampshire Constitution’s Equal Rights Amendment has made clear that we are all equal under the law and discrimination on the basis of sex has no place in our state. Today President Biden recognized that the federal Equal Rights Amendment — our 28th Amendment — is the law of the land, moving us one step closer to the ‘more perfect Union’ that the United States Constitution promises. Our 28th Amendment guarantees all Americans equal rights and protections under the law regardless of their sex. I thank the President for faithfully discharging his oath to our Constitution and for affirming the will of the people of New Hampshire who joined together with 37 other states across America in ratifying this important amendment.”
On Jan. 2, New Hampshire Democratic leaders, including Senate Minority Leader Rebecca Perkins Kwoka, D-Portsmouth, and House Democratic Leader Alexis Simpson, D-Exeter signed a letter for Biden to direct the Archivist of the United States to certify the ERA.
The American Bar Association has affirmed its validity in a 2024 resolution.
Sen. Perkins Kwoka noted “we are still pushing for equal pay and face growing restrictions on our bodies – issues Granite Staters shouldn’t have to factor in as they work to balance tight household budgets. “
Simpson said certifying the ERA as the 28th Amendment is essential to protecting all Americans from discrimination based on sex.
She said there continues to be “persistent wage gaps and ongoing attacks on reproductive rights” which highlight “the urgent need for constitutional safeguards to strengthen our economy and defend our fundamental freedoms.”
After learning Biden signed it Friday, Simpson said, “President Biden’s affirmation that the Equal Rights Amendment is the law of the land reflects the core values of fairness and equality that Granite Staters hold dear. Ensuring equal rights under the law is not just the right thing to do—it’s a fundamental promise of our democracy.
“Now, we must take the next step. Certifying and publishing the ERA as the 28th Amendment will secure vital protections against sex-based discrimination and honor decades of advocacy for justice. Granite Staters stand for equality, and it’s time for our nation to deliver on that principle.”
