President Biden announced Friday that he considers the Constitution's Equal Rights Amendment "the law of the land," a surprising statement that has no official effect but is being celebrated by his supporters who plan to rally today at the National Archives In front of the museum.

The amendment would need to be formally announced or certified by the National Archivist to take effect, and when or if that will happen is unclear.

The White House told reporters on a conference call that the executive branch had no direct role in the amendment process and that Biden would not order the archivist to certify and release the ERA. A senior government official said the archivist's role is "purely ministerial" in nature, meaning the archivist must publish amendments once they are approved.

The 1970s amendment passed by Congress would have guaranteed equal rights to men and women under the law, but it took until 2020 for enough state legislatures to ratify it, well missing the deadline set by Congress.

But Biden said he believed that when Virginia ratified the ERA five years ago, it cleared the road to becoming the 28th Amendment to the Constitution. He did not explain why he waited until the final days of his term to take action.

“It is long past time to recognize the will of the American people. In accordance with my oath and obligation to the Constitution and the Country, I affirm what I believe and what three-quarters of the states have ratified: The 28th Amendment is the law of the United States. Bye "Protect all Americans, regardless of gender, to have equal rights and protections under the law," Deng said in a brief written statement. "

His move comes after Democratic lawmakers launched campaigns, including New York Sen. Kirsten Gillibrand, who said it would be a way to protect abortion rights. Gillibrand said she expects the matter will eventually come before the Supreme Court.

The issue has long been the subject of legal controversy. In 2020, the National Archivist, who is responsible for making the constitutional amendment official, refused to certify the amendment, citing an opinion from the Justice Department's Office of Legal Counsel. The department said it considered the ERA to have expired after missing a 1982 ratification deadline. In 2022, the Office of Legal Counsel issued an opinion confirming the 2020 decision.

Last month, the archivist said Congress and the courts needed to take further action to lift the deadline for ratifying the amendment, arguing it could not legally certify and issue the ERA.