The Election and the Equal Rights Amendment

After over 100 years of fits and starts, the Equal Rights Amendment (ERA)— a proposed amendment to the Constitution that guarantees equal rights for women—has become a hot topic this election cycle, which could bode well for its publication. Simply put, the ERA says, “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.”

The ERA Coalition points out every election is critical to ensuring that our elected officials and those in positions of power at both the state and federal levels are pro-equality. Passage of the ERA would make it easier to enforce equal pay laws, protect women and girls from sexual harassment and assault, and secure reproductive rights. In 2019, Chloe Angyal wrote in Marie Claire that “the ERA would protect much of the progress our society has made toward gender equality, a pressing need in a time when women’s rights are under attack.”

Despite being ratified by the requisite number of states, former President Trump’s administration blocked the Equal Rights Amendment from being published in 2020. Once the Virginia General Assembly became the 38th state legislature to ratify the ERA, the state submitted its ratification documents to the federal archivist to be recorded – expecting the action to trigger the implementation of the ERA as the nation’s 28th Constitutional Amendment. However, the DOJ, headed by Attorney General William Barr, who was appointed by President Trump, quickly directed Ferriero not to accept Virginia’s ratification documents, contending the ERA deadline has long expired and the proposed amendment is dead.

Trump’s running mate, Senator JD Vance, voted “no” to the joint resolution removing the deadline for ratification of the Equal Rights Amendment in 2023. According to the ERA Coalition, “he doubled down on his disapproval of constitutional sex equality by co-sponsoring a bill that recognizes the so-called expiration of the Equal Rights Amendment and declares that Congress has no authority to modify a resolution proposing a constitutional amendment after the amendment has been submitted to the States or after the amendment has ‘expired.’”

In 2019, Vice President Kamala Harris framed passing the ERA as a question of economic justice: “When you lift up the economic status of women, you lift up the economic status of children and of families and of neighborhoods and of communities, and all of society benefits,” she said. The first step to lifting women’s economic status, Harris said, is “passing the ERA.”

It’s not just candidates for the two top jobs who are weighing in. Through the Elect Equality Campaign, the ERA Coalition is reaching out to all candidates running for federal office to survey their positions on the Equal Rights Amendment. Candidates who support the Equal Rights Amendment will be listed as supporters and are eligible to be designated as ERA-certified.

ERA Coalition President and CEO Zakiya Thomas writes, “In today’s policy environment…our elected officials and those in positions of power must be ready to ensure that constitutional sex equality is guaranteed for us all through the Equal Rights Amendment. The upcoming elections are critical to ensuring gender equality for all. Our Elect Equality campaign helps voters see candidates’ positions on the Equal Rights Amendment, providing essential information before voting.” To learn more about Elect Equality and where your candidates stand, go to ERACoalition.org.