Coalition wants Equal Rights Amendment in the U.S. Constitution

To amend the Constitution, three-quarters of the states must ratify an amendment. Virginia became the 38th state to ratify the Equal Rights Amendment (ERA) in 2020, meeting that requirement but opposing political forces have prevented its official recognition.

Shattering Glass, the League of Women Voters, and 141 other organizations and professional associations issued a letter calling on President Joe Biden to instruct the U.S. Archivist to publish the Equal Rights Amendment (ERA) as the 28th Amendment to the U.S. Constitution before his term ends in 35 days.

This collective appeal is part of a growing, nationwide push to address what signatories argue is a critical and unresolved issue in the Constitution: gender equality.

The ERA, first introduced in Congress in 1923, passed with overwhelming support in 1972 and was ratified by 38 states by December 27, 2020.

Despite meeting the constitutional requirements for inclusion, the amendment has yet to be published by the U.S. Archivist, leaving it absent from the official text of the Constitution.

The letter, which represents a diverse coalition of gender and racial justice groups, reproductive justice advocates, medical and legal professionals, faith leaders, and more, stresses the urgent need for the ERA’s inclusion.

It underscores the amendment’s potential to safeguard reproductive rights, enforce anti-discrimination laws, and protect vulnerable communities, particularly women, girls, and LGBTQIA+ individuals.

“Gender equality is essential for the restoration of reproductive rights and healthcare in our country, the enforcement of existing federal anti-discrimination laws, and the health of our democracy,” the letter asserts. The signatories warn that without the ERA, Americans could face escalating threats, including the potential for a national abortion ban and the dismantling of equal protection provisions for women and marginalized groups under the 14th Amendment.

In recent weeks, the push for ERA publication has gained significant momentum.

Two letters from Congress—one from 46 Senators led by Senator Kirsten Gillibrand and another from 122 Representatives led by Congresswoman Cori Bush—have already urged the President to take action.

The American Medical Women’s Association (AMWA) and other members of the Reproductive Health Coalition, comprised of health professionals and allied organizations that advocate, issued a statement urging Biden to publish the ERA on November 16.

Celina Stewart, CEO of the League of Women Voters, called the ERA “not just a symbolic measure,” but a “necessary safeguard to ensure equal treatment and opportunities for all Americans.” She stressed that the time to act is now, noting the urgency of the issue in light of current political and legal challenges.

The letter’s signatories, including the American Constitution Society, argue that the ERA is necessary to address the historical failure of the U.S. Constitution to explicitly protect gender equality.

The American Bar Association (ABA), in a resolution passed in August 2024, declared the ERA ratified and called for its inclusion in the Constitution, citing legal experts’ advice that the amendment has met all constitutional requirements.

“President Joe Biden should declare the ERA as part of the Constitution since it was ratified by 38 states,” said Lisa McCormick, a representative of Democrats for Change, one of the signatory organizations. “The Constitution does not state that Congress can impose time limits, nor does it allow a state to rescind its ratification.”

Representatives from medical and professional organizations, including Susan Thompson Hingle, President of the American Medical Women’s Association, also voiced strong support for ERA publication. Hingle stated, “Since 1915, AMWA has been a staunch advocate for equity for women and the ERA is an important, effective tool necessary to enshrine equal protection for all.”

Nicole Vorrasi Bates, founder of Shattering Glass, framed the call to action as an urgent national crisis. “This is a five-alarm fire. We simply cannot wait any longer. It is time for immediate action, and we are counting on President Biden to get it done.”

The recent re-election of Donald Trump amplifies the importance of the ERA. During his previous term, the Trump administration actively blocked the ERA from publication and rolled back protections for women, despite the amendment’s ratification.

Now, with a limited timeframe before a new administration takes office, The Legacy We Deserve: ERA Now campaign urges Biden to take this final, historic step to make gender equality a constitutional right.

Publishing the ERA would create constitutional protections against gender-based discrimination, providing a stronger basis to fight gender-based violence, pay inequality, and other forms of discrimination that disproportionately affect women and marginalized groups.

Without formal recognition, these issues remain challenging to address under existing legal frameworks, leaving basic rights vulnerable to shifting political agendas.

“We have a chance to secure gender equality in the Constitution before they take away more of our rights” said Zakiya Thomas, President and CEO of the ERA Coalition. “With all legal requirements fulfilled, we ask President Biden to do everything possible to make the ERA part of his legacy, to ensure that gender equality is subject to politics, but is permanently protected by the Constitution.”

In the November 22 letter, the Senators said, “The ERA is the most powerful tool available to put an end to the rollback of women’s rights, as well as civil rights more broadly. It would serve as our best chance to guarantee equality for all, free from the whims of anti-equality judges and politicians; guarantee equal pay and opportunities; restore reproductive rights; protect women from domestic violence and sexual harassment; put an end to gender and pregnancy discrimination; and more.”

The ERA says, “Equality of rights shall not be denied or abridged by the United States or by any state on account of sex.”

McCormick said the ERA is a matter of far greater consequence than the bill headed to Biden’s desk to officially designate the bald eagle as the national bird.

“While the bald eagle has been a prominent American symbol since the Second Continental Congress in 1782 put the bird on the Great Seal of the United States, it has never been specifically designated as the national bird under U.S. law,” said McCormick. “For almost as long, we have been told about ‘liberty and justice for all’ but women’s rights are still being denied on account of sex, and that is so unAmerican, it simply should not fly.”

As the debate over the ERA continues, the coalition’s call highlights the growing consensus that formal inclusion of the Equal Rights Amendment in the U.S. Constitution is a necessary step to protect gender equality and ensure that all Americans are guaranteed equal protection under the law.