Equality Now’s Open Letter to President Biden: Enshrine the Equal Rights Amendment and End Sex Discrimination

At Equality Now, we recognize that good laws are crucial to protecting women, girls, and other marginalized genders and ensuring their access to justice. Globally, we are committed to advocating for these protections, and the United States is no exception. Women and girls in the US continue to face discrimination based on their sex and/or gender because the Constitution does not prohibit it. They earn less than men on average, have seen their right to bodily autonomy eroded, and in the majority of states, can still be married before reaching adulthood. The Equal Rights Amendment (ERA) offers a critical opportunity to address these injustices. With only days left before a transition of power, we are writing to President Biden to urge him to enshrine these essential protections into the US Constitution by publishing the ERA before leaving office.

Dear President Biden,

As an organization committed to advancing equality through the law, we write to you in recognition of your shared belief that legal systems should reflect and uphold the fundamental principles that all people are equal and deserve to live free from discrimination. Enshrining the Equal Rights Amendment (ERA) into the Constitution is essential for the United States to fulfill its obligations under international human rights law to eliminate sex discrimination and ensure equality under the United States’ highest legal authority.

The ERA represents more than a legal reform; it is a crucial acknowledgment of the rights of women and all individuals who have faced systemic discrimination on the basis of sex. Codifying this protection would affirm that inequality and injustice have no place in a nation aspiring to lead by example on the global stage. Publishing the ERA would also close the gap that leaves the United States behind 85% of UN member states that have already provided constitutional equality. Under your leadership, the US can prioritize this effort and work toward eradicating discriminatory laws.

For nearly a century, women and allies across the US have marched, organized, and demanded that this basic human right be recognized. Ratified by 38 states—the constitutionally required threshold—the ERA reflects the will of the people. Yet bureaucratic obstacles and political inertia have prevented it from being fully realized. President Biden, you have the power to break through this impasse and deliver what generations of US residents have fought for: equality under the law.

Your presidency has already brought so much progress. This is your chance to take a final, transformative step—a step that will forever place you in the annals of history as the President who closed a hole in the US Constitution.

The ERA is not just a safeguard against discrimination, it is a beacon of hope. It tells every little girl that her aspirations are not limited by her gender. It tells every survivor of violence that her safety and justice matter. It tells everyone around the world that equality is not a privilege; it is a right.

The urgency is palpable. With your leadership, this moment can become a turning point for the nation, one that reverberates far beyond your time in office. Imagine the legacy you will leave: a nation where equality is finally a reality, not just an aspiration.

Mr. President, time is short, but the opportunity is clear. We ask you to stand with us now, to make this dream real, and to lead the United States into a future where its legal framework reflects the principles of equality and non-discrimination. 

With gratitude and hope,

Equality Now