The ERA was approved by Congress in 1972 and ratified by 38 states in 2020. A new national alliance is urging President Biden to instruct the National Archivist to certify and publish the ERA as the 28th Amendment without delay. 

WASHINGTON, D.C. (December 11, 2024)— Data For Progress released a new poll today showing strong support for adopting the Equal Rights Amendment as the 28th Amendment, which would entail President Joe Biden instructing the National Archivist to certify and publish the ERA before the end of his term on January 20, 2025. The poll shows that if Biden were to take this action, there would be a significant, positive shift among voters in terms of how they think Americans will look back on Biden’s presidency.

When this sample of 1,224 likely U.S. voters is initially asked how favorably or unfavorably they think Americans will look back on Biden’s presidency, 38% say favorably and 61% say unfavorably. However, after being posed with the hypothetical of Biden instructing the National Archivist to publish the ERA as the 28th Amendment to the Constitution, 50% of voters say Americans will look back on his presidency favorably and 43% say Americans will look back unfavorably. This represents a +30-point net increase in the percentage of voters who think Americans will look back on Biden’s presidency favorably. 

The poll follows a letter to President Biden signed by 46 US Senators urging Biden to enshrine equal justice under the law in the US Constitution by adding the Equal Rights Amendment as the 28th Amendment. 

U.S. Senator Gillibrand joined the Biden Publish the ERA Alliance for a virtual town hall to discuss the imperative.  

Senator Gillibrand said: “The ERA is literally the only Constitutional amendment that has ever been proposed that met all the requirements…and is still being denied certification. I believe it is absolutely the right time for President Biden to hear from the American people about why this is so important to ensure and enshrine equality for all in our Constitution.” 

The Equal Rights Amendment was approved by two-thirds of Congress and ratified by three-fourths of the states, yet remains unpublished. It’s the only amendment that has met the qualifications of Article V of the Constitution that has not been added to the Constitution.

The Biden Publish the ERA Alliance consists of over 50 non-profit, non-partisan advocacy organizations representing tens of millions of members calling on President Biden to publish the ERA before the end of his administration.  

View the poll here.