National Archives Building, Jan 15, 2025, Photo credit – Equality Now, Bell Visuals
Washington D.C. USA, January 16, 2024 – Last night, the U.S. National Archives Building was illuminated with a bold and urgent message from women’s rights organizations across the country, calling on President Biden to take immediate action to enshrine the Equal Rights Amendment (ERA) into the U.S. Constitution. This powerful projection highlighted the critical need to address sex discrimination and ensure equality under the law.
The action coincides with an open letter from Equality Now—a leading international human rights organization committed to advancing legal equality—urging President Biden to seize this historic opportunity to deliver on his commitment to justice and equality. The letter, addressed directly to the President, emphasizes the United States’ responsibility under international human rights law to eliminate sex discrimination and ensure constitutional equality.
STILL NO CONSTITUTIONAL EQUALITY IN THE UNITED STATES
The U.S. Constitution does not explicitly prohibit discrimination on the basis of sex, leaving critical gaps in legal protections across many areas, including in areas of healthcare, and reproductive rights.
“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,” the letter states.
“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.”
Despite ratification by 38 states—the threshold required for constitutional amendments—the ERA has faced persistent political and bureaucratic obstacles.
Most recently, the National Archivist publicly refused to publish the amendment, citing an Office of Legal Counsel of the US Department of Justice (OLC) memo as the cause. However, this interpretation misrepresents the 2022 OLC opinion, which clarified that the 2020 opinion does not block Congress or the courts from addressing ERA ratification, not that new action is required.
WIDESPREAD SUPPORT FOR THE ERA
Advocates, including members of Congress, the American Bar Association, the United Nations Human Rights Committee, celebrities, and women’s rights groups over the past 100 years, assert that publishing the ERA would affirm the nation’s commitment to equality and provide essential legal protections against discrimination, violence, and inequality for women, girls, and other marginalized genders.
Anti-discrimination laws in the U.S. remain vulnerable at the state and federal levels to political rollbacks, whether through changes in federal or state legislation, executive orders, or judicial interpretations. By explicitly embedding gender equality in the Constitution, the ERA would give lawyers, judges, and campaigners the rock-solid legal foundation needed to challenge gender inequality and shield the legal rights of all genders regardless of what political party is in office.
“For nearly a century, women and allies across the U.S. have marched, organized, and demanded that this basic human right be recognized,” the letter continues. “President Biden, you have the power to break through this impasse and deliver what generations of U.S. residents have fought for: equality under the law.”
The projection on the National Archives serves as a visual call to action, reminding everyone of the generations-long fight for equality and urging the Biden Administration to take definitive steps to secure constitutional protections. The message underscores the transformative potential of the ERA and the urgency of federal action.
Equality Now’s letter highlights the broader implications of the ERA, not only as a safeguard against sex discrimination but as a beacon of hope for future generations. It calls on President Biden to leave a lasting legacy by ensuring that equality is finally enshrined in the nation’s highest legal authority.
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Notes to editor: For media inquiries please contact: Mel Bailey Communications Officer for North America, Equality Now, E: mbailey@equalitynow.org
About: Equality Now is a feminist organization using the law to protect and promote the human rights of all women and girls. We make, change and apply the law to establish enduring equality for women and girls everywhere. Since 1992, our international network of lawyers, activists, and supporters have held governments responsible for ending legal inequality, sexual exploitation, sexual violence, and harmful practices. We aim to live our mission through the feminist principles of equality, anti-discrimination, inclusion, autonomy, and dignity.
For more details go to www.equalitynow.org, Facebook @equalitynoworg, LinkedIn Equality Now, and Twitter @equalitynow.