The ERA is a proposed amendment to the US Constitution that would explicitly guarantee equal rights regardless of sex or gender:
Just 52 words would change everything.
Most people in the US believe the Constitution guarantees equality for women and men. But it doesn’t, at least not explicitly.
In January 2025, Former President Biden issued a statement affirming the Equal Rights Amendment (ERA) as the 28th Amendment and “law of the land” recognizing that three-fourths of US states had ratified thus “guaranteeing all Americans equal rights and protections under the law regardless of their sex.”
However, the question of recognition became quickly intertwined with political resistance when his statement was archived from the White House website just days after leaving office. That, along with legal technicalities, has led to increased confusion and continued questioning of the ERA’s legitimacy.
In the United States, gender remains a less protected category under the law than race, religion, or national origin. Under the 14th Amendment’s Equal Protection Clause, courts have applied intermediate scrutiny to cases of sex discrimination since the 1970s, unlike the strict scrutiny applied to race-based discrimination, for example. Federal laws like Title IX and the Equal Pay Act, meant to protect against discriminatory practices, are statutory and can be weakened or repealed at any time. Constitutional equality is not guaranteed.
Now, for the ERA to be universally recognized and implemented, political will, a functional democracy where law and order are paramount, and a collective commitment to gender equality are required. To that end, advocates are pursuing multiple avenues to affirm the ERA’s status, including through introducing two bipartisan joint resolutions to the US House and Senate.
Incorporating the ERA would embed the bedrock principle of sex and gender equality into the most important legal document in the United States. At a time when women’s rights are under severe attack, the ERA would both shield existing rights from political winds as well as help expand protections and liberties for all women, girls, and other marginalized genders.
Specifically, the ERA would make sex a “suspect classification” like race, religion, and national origin and require cases of sex discrimination to undergo “strict scrutiny.” Strict scrutiny is the highest level of justification in the US legal system and would recognize and raise sex equality to the status of a fundamental right and categorize sex as a “protected class.”
Legislatively, the ERA would empower and embolden Congress to pass federal laws that address systemic gender discrimination and inequality, leveling the playing field for women and girls, especially women of color and other historically marginalized groups. It should also make it easier for the courts to strike down existing sex discriminatory laws based on stereotypes.
As part of our I Need the ERA because… campaign, we take a closer look at how the ERA would help move the needle on crucial issues for everyone, including abortion, child marriage, gender-based violence, and female genital mutilation, as well as the ERA’s potential impact on LGBTQ+ rights and paid care, and why, without it, the US is violating international law. Explore our factsheets to learn more.
As a partner in the ERA Coalition, Equality Now is committed to helping secure the ERA’s full recognition. We are dedicated to providing resources and forums for members of the public to learn more about this critical gap in the US Constitution, and how it can be remedied.
