16th octubre 2024

I need the ERA because…the voice of the US legal profession endorses it!

In August 2024, The American Bar Association, the largest national volunteer association of lawyers in the world, adopted  Resolution 601 championing the Equal Rights Amendment (ERA). Equality Now has drawn out the key points of the Resolution report to bring the legal and broader community a concise, irrefutable analysis concluding that the ERA must be recognised and implemented.

 

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.

What’s inside the factsheet?

  • An assessment of the main legal arguments opponents raise against recognition of the ERA as our 28th Amendment, using constitutional analyses to rebut each in turn.
  • An overview of how existing legal protections against sex-based discrimination in the US, such as Title VII and Title IX, are “a patchwork” of laws that can easily be repealed, narrowly interpreted, and not enforced. As well as how the ERA can provide a remedy for those gaps.
  • A discussion of how the US is in violation of international law by not including an explicit guarantee against sex- and gender-based discrimination in its Constitution.
  • Calls to action.

Who’s it for?

  • The Department of Justice
  • US President Biden
  • US Congress Members
  • Legislators and Policy Makers
  • The Legal Community Everywhere
  • Advocates and Activists for Gender Equality

Key takeaways

  • Support the recognition of the ERA as part of the US Constitution and its implementation as our 28th Amendment.
  • Utilize the constitutional framework delineated in the ABA Resolution report to rebut opponents’ arguments around the timing of state ratifications and the validity of state rescissions.
  • Continue to support the enactment of state constitution ERAs, and expand the use of existing ones to challenge laws and regulations that raise inequality and sex discrimination issues in a variety of contexts.

Explore more resources

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I need the ERA because… inequality harms everyone, including men

The path to constitutional equality in the US has been framed primarily as a women’s issue. But true equality benefits everyone.

Urgent action needed to eradicate female genital mutilation in Colombia

This policy brief urges the Colombian Congress to pass specific legislation to prevent, address, and eradicate Female Genital Mutilation (FGM).

I need the ERA because…paid care is a right – gender equality and the care economy

This factsheet highlights how the absence of the ERA in the US Constitution perpetuates sex discrimination, limiting women’s economic and caregiving rights, and calls for its adoption to ensure legal protections and social support.

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