I need the ERA because…LGBTQ+ rights are human rights

In June 2025, the US Supreme Court upheld Tennessee’s ban on gender-affirming care for minors in United States v. Skrmetti. To date, 25 states have passed similar bans, restricting access for more than 100,000 transgender youth.

This decision is part of a wider wave of rollbacks on LGBTQ+ rights across the United States, leaving hard-won protections increasingly vulnerable. The Equal Rights Amendment (ERA) could provide a vital safeguard by outlawing sex discrimination at the constitutional level, making it harder for legislatures or courts to weaken or overturn rights such as access to healthcare, marriage equality, or workplace non-discrimination for LGBTQ+ individuals.

Explore our factsheet on how the ERA could impact laws relating to sex discrimination in the United States.

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.