President Joe Biden’s recent declaration that the Equal Rights Amendment (ERA) is “the law of the land” has sparked concerns among Catholics and pro-life advocates about its potential impact on abortion laws and religious liberty. The ERA, which states that “equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex,” has been a topic of debate for over a century.
Despite Virginia’s ratification in 2020, which brought the amendment’s approval to 38 states—meeting the three-fourths threshold for constitutional amendments—legal challenges remain. U.S. Archivist Colleen Shogan, tasked with certifying constitutional amendments, has stated that the ERA failed to meet Congress’s imposed ratification deadline. “The amendment cannot legally be published or certified as part of the Constitution,” Shogan has said, according to reports.
Biden’s Assertion and Pro-Life Concerns
In his proclamation, Biden claimed that the ERA has cleared all legal hurdles. “I agree with the ABA [American Bar Association] and with leading legal constitutional scholars that the Equal Rights Amendment has become part of our Constitution,” he said. “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.”
This statement, however, lacks immediate legal weight. In 2020, Steven Engel, then-U.S. assistant attorney general for the Office of Legal Counsel, opined that the ERA resolution “has expired and is no longer pending before the states.”
Pro-abortion advocates have voiced their support for the ERA, viewing it as a potential tool for advancing abortion rights. Carrie Baker, a professor at Smith College, wrote in 2022 that the ERA “could provide a new basis for abortion rights in the United States” and serve as “an avenue for shoring up women’s rights, especially reproductive rights.”
This connection between the ERA and abortion has long been a concern for pro-life advocates. Thomas Jipping, a legal fellow at the Heritage Foundation, argued in 2023 that the “ERA-abortion connection” has been evident for decades and that “the groundwork has already been laid” for using the amendment to promote abortion access.
Implications for Religious Liberty
For Catholics, the potential use of the ERA to expand abortion rights raises alarm not only about the sanctity of life but also about the possible erosion of religious liberty. Faith-based institutions that object to abortion or contraception on moral grounds could face legal challenges if the ERA were interpreted to mandate universal access to such services.
While Biden’s proclamation may not have immediate legal consequences, it signals a contentious battle ahead, particularly for the incoming Trump administration. As Catholics, the need for vigilance in protecting both the sanctity of life and the freedom to practice and live out one’s faith remains paramount.
This moment underscores the importance of informed and prayerful engagement in civic affairs to uphold the values of life and dignity central to Catholic teaching.