I need the ERA because…reproductive rights are human rights – Abortion

85% of UN Member States in the world have constitutions that prohibit discrimination on the basis of sex and/or gender. The United States is not one of them.

In 2022, the Supreme Court of the United States (SCOTUS) overturned Roe v. Wade, which had previously guaranteed access to abortion as a fundamental right under the US Constitution in the Dobbs v. Jackson Women’s Health Organization decision, leading to abortion bans in over 20 states​.

By rightfully framing access to reproductive healthcare, including access to legal abortion, as fundamental to ensuring gender equality and preventing sex discrimination, the Equal Rights Amendment would directly impact the way SCOTUS decides abortion-related and other reproductive rights cases, based on equality rather than privacy, and what federal laws Congress is encouraged to, and discouraged from, passing.

As part of our I Need the ERA because… campaign, launched to mark Women’s Equality Day 2022, we take a closer look at how the ERA would help move the needle on four crucial issues for women and girls, including access to abortion.

Update:

In January 2025, former US President Biden declared the Equal Rights Amendment the “law of the land” and the 28th Amendment to the United States Constitution. Until then, the Constitution did not explicitly prohibit discrimination on the basis of sex, in stark contrast to the vast majority of UN Member States (85%), whose constitutions prohibit such discrimination. However, since the change in administration, the White House has archived Biden’s declaration, and opponents argue his action was legally meaningless. Thus, constitutional equality in the US remains precarious, underscoring the urgent need for the ERA’s universal recognition and implementation.