Zakiya Thomas

A New Generation Takes Up the Fight for the Publication of the Equal Rights Amendment

Zakiya Thomas                

President & CEO, ERA Coalition

& Jennifer Tucker

Consultant Senior Policy Analyst, ERA Coalition

 

Leadership for the Equal Rights Amendment

This is a historical moment for the Equal Rights Amendment (ERA). We have the first woman and person of color to serve as the Vice President of the United States, nominated by a major political party for president. The nominee has been vocal about the importance of the ERA to women and girls. As part of a new generation of ERA leaders in Congress, Vice President Harris co-sponsored legislation to remove the time limit on the ERA while serving as a U.S. Senator (S. Res. No. 6, 2020; S. Res. No 15, 2020).  

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In 2019, during her first presidential campaign, then - Senator Harris stated that passing the Equal Rights Amendment would be one of the first orders of business in her first 100 days as president. She recognized the ERA as an economic justice issue tied to higher wages for women, declaring “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” (Angyal. 2019).  

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In 2023, Representatives Ayanna Pressley (MA) and Cori Bush (MO) took on the constitutional sex equality mantle, launching the first-ever Congressional Caucus for the Equal Rights Amendment. As co-chairs, along with 17 vice chairs and 69 founding members, the Caucus quickly became one of the largest on Capitol Hill (Congressional Caucus on the Equal Rights Amendment, n.d.).  The Congressional ERA Caucus seeks to have the Equal Rights Amendment recognized as the 28th Amendment to the Constitution, raise awareness within Congress of the importance of establishing constitutional gender equality as a national priority, and work with a diverse, “multi-generational, multi-racial and inclusive coalition of ERA advocates” and supporters. All the while centering “the people who will benefit the most from gender equality, including women of color, LGBTQ+ people, people seeking abortion care, and other groups whose needs are most likely to be invisible or marginalized” (Congressional Caucus on the Equal Rights Amendment, n.d.). 

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Representatives Pressley and Bush introduced legislation that called for Congress to affirm ratification of the ERA, remove the question of the time limit (H. Res. No. 25, 2024), and call for immediate publication of the ERA as the 28th Amendment (H. Res. No. 82, 2024).  Senators Ben Cardin (MD) (S. Res. No. 4, 2024) and Kirsten Gillibrand (NY) (S. Res. No. 29, 2024) introduced companion resolutions.

 

Black Women Moving the ERA Forward at Pivotal Moments

Black women serving in state legislatures forged the way for reaching the 38-state threshold for ratification. Efforts led by Nevada State Senator Pat Spearman in 2017, Illinois Lt. Governor Juliana Stratton (then State House Representative) in 2019, and Virginia State Senator Jennifer Carroll Foy and U.S. Representative Jennifer McClellan (then State Senator) in 2020 were instrumental.  

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A new, multi-racial/ethnic, intergenerational, and geographically diverse group of organizations came together under the banner of the ERA Coalition. Composed of over 300 partner organizations representing 80 million people, the Coalition, with its vast majority of women leaders, is working to ensure that constitutional gender equality is realized once and for all. 

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In the decade since the ERA Coalition launched, we have witnessed not only a new generation of leaders emerge in Congress but also a host of organizations at local, state and national levels, including, women’s, civil and human rights organizations, unions, faith-based groups and more. While support in Congress has been crucial to moving the ERA forward, we also need the energetic, vibrant and diverse collection of groups supporting the ERA that operates like a movement of movements. 

 

What Sets the Equal Rights Amendment Apart: Overcoming Judicial Setbacks

The ERA declares 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.” The ERA truly stands for equality for all and protects women, men, and LGBTQ+ persons from discrimination. Women, especially Black women and other women of color face social policy rollbacks that directly affect their economic well-being and healthcare options. The ERA gives Congress increased power to protect against unequal pay, sexual harassment in the workplace, pregnancy discrimination, and gender-based violence against women, girls, and members of the LGBTQ+ community. The ERA provides a new basis for congressional action to protect reproductive healthcare, pre and post-natal care, and contraceptives. 

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Every day without the ERA puts women, girls, and gender non-conforming persons at risk of losing more of their hard-earned freedoms and human rights. Just look at the attacks on access to abortions, contraceptives, and even IVF since the Dobbs decision, which has had the most profound impact on low-income women and women of color. As of April 2024, less than two years after the Dobbs decision, the impact on the Black community has been enormous, with one-half of states severely limiting or eliminating access to abortion – 14 states completely banning abortion, and 11 states restricting abortions to between 6 and 22 weeks of gestation (Hill, et al., 2024).  A recent study found that 57 percent of all Black women ages 15-49 live in the 26 states that ban or are likely to ban abortions (Kidd, et al., 2024). The Dobbs decision did not just limit access to abortions; it negatively impacted overall maternal healthcare and increased racial and ethnic health inequities.

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The U.S. Supreme Court decision in the case of Loper Bright Enterprise v. Raimondo, Secretary of Commerce, et al.,  overturned the 40-year decision-making rule that required federal courts to defer to reasonable agency decisions where federal law fails to address a situation or is not clear. This is the second Supreme Court decision in two years to offer a significant setback to women’s equality, undermining “Chevron deference”, which supports the importance of technical experts in the decision-making process. This decision can be devastating for women’s and girls’ equality and lethal to women’s education, reproductive health, and more (National Women’s Law Center, 2017).  

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The ERA would provide the safeguards to counter these and future judicial setbacks. A new generation of Black women is leading the charge for the ERA to ensure the freedoms and human rights of women and girls are protected. 

 

Moving Forward in 2024 - What’s Next? 

You can help the Equal Rights Amendment cross the finish line by taking these steps:

• Contact your member of Congress and tell them to support ERA legislation. 

• During the 2024 elections, ask candidates: Do you support the ERA? 

• Before voting, learn what your House of Representatives and Senate candidates' positions are on the ERA at electequality.org. 

• Help make the ERA Congressional Caucus the largest in the House - ask your Congressperson to join.

• Join ERA Coalition Forward’s Equal Voice | Equal Vote Campaign and share “What equality looks like to you? Or “Why are you voting?” Submit your story here: https://fundforwomensequality.org/equalvote/

• Become an ERA Coalition Partner Organization - visit https://www.eracoalition.org/take-action/

• Learn more about the Equal Rights Amendment (ERA) and other ways you can get involved, by visiting the ERA Coalition website at www.eracoalition.org or contact: Jennifer Tucker at jtucker@eracoalition.org or Bettina Hager at bhager@eracoalition.org.  

 

Case Law

 

Loper Bright Enterprises v. Raimondo, 143 S. Ct. 2429, 216 L. Ed. 2d 414 (2023).

 

Congressional Resolutions

S. Res. No. 15 (2020). https://www.congress.gov/bill/116th-congress/senate-joint-resolution/15/amendments?s=1&r=34

S. Res. No 6 (2020). https://www.congress.gov/bill/116th-congress/senate-joint-resolution/6

H. Res. No. 25 (2024). https://www.congress.gov/bill/118th-congress/house-joint-resolution/25

H. Res. 82 (2024). https://www.congress.gov/bill/118th-congress/house-joint-resolution/82

S. Res. 4 (2024). https://www.congress.gov/bill/118th-congress/senate-joint-resolution/4 

S. Res. 29 (2024). https://www.congress.gov/bill/118th-congress/senate-joint-resolution/39 

 

References

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Angyal, C. (2019, February 28). Kamala Harris says it’s time to make women full citizens at last. Marie Claire Magazine. https://www.marieclaire.com/politics/a26551159/kamala-harris-equal-rights-amendment/ 

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Congressional Caucus for the Equal Rights Amendment (n.d.) About. Retrieved July 2024 from https://bush.house.gov/era/about 

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Hill, L., Atriga, S., Ranji, U., Gomez, I. & Ndugga, N. (2024, April 23). What Are The Implications of The Dobbs Ruling for Racial Disparities?. KFF. https://www.kff.org/womens-health-policy/issue-brief/what-are-the-implications-of-the-dobbs-ruling-for-racial-disparities/ 

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Kidd, C., Goodman, S., Robbins, K.G., (2024). State Abortion Bans Threaten Nearly 7 Million Black  Women, Exacerbate The Existing Black Maternal Mortality Crisis. National Partnership For Women & Families. https://nationalpartnership.org/report/state-abortion-bans-threaten-black-women/ 

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National Women’s Law Center. Gorsuch’s Views on Chevron Matter for Women and Girls. (March 28, 2017).

National Women’s Law Center. https://nwlc.org/gorsuchs-views-on-chevron-matter-for-women-and-girls/