10th June 2025
The ERA, when universally recognized and implemented, would establish a nationwide guarantee of sex equality under the law. This protection would apply to everyone, including boys and men, and would grant courts, the legislature, and the executive branch the power to combat sex and gender-based discrimination.
This could have tangible and far-reaching effects for men. For example, the ERA would grant Congress clear authority to pass legislation ensuring equitable paid leave for all parents. Fathers in the US currently take an average of just one week, compared to 11 weeks for mothers. Concerningly, up to 20 percent of companies fail to offer even unpaid parental leave to eligible fathers, as required under the limited Family and Medical Leave Act, compared to 7 percent for mothers. The ERA could help to address these gaps and advance policies that encourage a more equitable distribution of care. Importantly, a majority of men already support, and are willing to vote in favor of, policies to increase investments in care and ensure access to paid leave.
The ERA would also require courts to apply “strict scrutiny” to cases involving sex-based discrimination against men. This could provide a legal tool to tackle policies which perpetuate harmful gender stereotypes, whether facially or in practice, such as those which discourage men from entering caregiving professions or prevent male survivors of gender-based violence (GBV) from accessing or seeking the support they need. Assumptions about caregiving and GBV don’t just further entrench the gender divide, they also limit the opportunities of men and boys.
Constitutional equality is not about men losing rights, it is about all people gaining the legal protections and policies needed to build a more equitable society