The Equal Rights Amendment (ERA) is simple and consists of just 24 words: “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” According to the Center for American Progress (CAP), shortly after the 19th Amendment was ratified, first-wave feminist leaders turned their attention to the next big project: the ERA. The amendment, first introduced in 1923, has met both requirements for publication in the U.S. Constitution—passing both chambers of Congress with more than a two-thirds majority in 1972, and in 2020, Virginia became the 38th and final state needed to ratify the ERA. Yet, four years later, the amendment remains unpublished, despite the fact that CAP reports that globally, 85 percent of constitutions explicitly guarantee equal rights or prohibit discrimination on the basis of sex and/or gender.
Why is it still not published? Virginia was the 38th and final state needed to ratify the ERA in 2020. Yet, in response to a request from the National Archives on whether the ERA could be published in the Constitution at that time, the Justice Department Office of Legal Counsel under the Trump Administration published a memo. “We conclude that Congress had the constitutional authority to impose a deadline on the ratification of the ERA. Because that deadline has expired, the ERA Resolution is no longer pending before the States.”
On February 28, 2023, the U.S. Senate held its first hearing on the Equal Rights Amendment in 40 years. The Senate Judiciary Committee heard from advocates about why the ERA was needed and legal scholars with differing views on the path forward for the amendment. While there were hopes that the Biden Administration would reverse the Trump Justice Department’s 2020 opinion and instruct the National Archives to publish the amendment, the issue was left to Congress to clarify. It’s important to note that three out of four Americans favor final ratification and publication, according to The Guardian. While something with this level of support should seem like a slam dunk to get through Congress, the ERA continues to face opposition from conservatives who see it as endangering their stances on abortion and transgender rights.
Fast forward to December 13, 2023 – a date marking the 100th anniversary of the ERA—the ERA Coalition and Fund for Women’s Equality led several organizations, women and men, from Lafayette Park to the White House, then to the Department of Justice, onward to the U.S. Archives, and finally to the Capital. Dr. Nancy and WC4G Team Leader Melissa Miller Young traveled to D.C. to participate in the event, and they were joined by numerous others committed to the cause. It was a day filled with hope and excitement for what participants felt was an inevitable outcome.
“That’s what this is about,” Dr. Nancy said during the ERA Congressional Reception at the U.S. Senate that followed the march. “As we unite, we engage our superpowers and strengthen our potential to effect meaningful, positive change, and together we make the difference that counts and achieve equality for everyone – without limitation – every single person under the law.”
But now, one year later, the ERA remains unpublished, we’re still waiting. Advocates for gender equality – including the Feminist Front, the Young Feminist Party, and the ERA Coalition – gathered in Washington, D.C., to mark ERA Day on December 10, 2024. The designation, proclaimed by Mayor Muriel Bowser, highlighted a collective call to action, urging President Biden to ensure the ERA’s publication in the U.S. Constitution before he leaves office in January. To mark the occasion, Rep. Cori Bush (D-MO) spearheaded a press conference at the House Triangle, during which she said, “The publication of the Equal Rights Amendment may be long overdue, but the stakes for gender equality have never been higher.”
A strong majority of voters (61%) support President Biden making the ERA part of his legacy and ensuring its publication to the U.S. Constitution—including 87% of Democrats, 64% of Independents, and more than one-third of Republicans (35%), facts that Zakiya Thomas, president and CEO of the ERA Coalition, shared in a follow-up email to Coalition supporters. “It’s time to act. With the power of the Executive Office, President Biden can make sure our gender rights are protected. The consequences of not seeing the Equal Rights Amendment published in the Constitution before what appears to be the beginning of an anti-ERA government are too high. Together, we can ensure gender equality becomes the law of the land. Help sound the alarm for equality. The ERA is ours. Let’s claim it.” Yes, let’s.
To learn more about the ERA, and how you can lend your voice to the cause, go to the ERA Coalition website.