When more than half of a country’s population is not equally represented in its Constitution, then that country is not living up to its full potential as a democracy. Although much progress has been made, women, BIPOC communities, and the LGBTQIA+ community still face significant roadblocks to full constitutional protection in the United States.
From full representation for women to ensuring the fundamental right to vote for all, NOW has always spoken out and demanded that our U.S. Constitution live up to its promise of equal justice under the law, meaning that no person is entitled to unfair advantages or subjected to unequal penalties based on the law.
For women, BIPOC communities, and the LGBTQIA+ communities, we must take action to ensure constitutional equality. Here are some of the ways forward:
In 1787, women were not recognized as full citizens and were deliberately left out of the U.S. Constitution. Even today, centuries after it was enacted, the Constitution still does not fully prohibit discrimination on the basis of sex. Sex is not held to the same strict standard as race and religion in the eyes of the law, making it harder for women in court to prove complaints of bias or unequal treatment. That is why the Equal Rights Amendment (ERA) must be added to the Constitution.
NOW is a proud supporter of the ERA. After a century of advocacy, women are closer than ever to having the ERA enshrined in the U.S. Constitution. The progress we are making toward women’s equality can be lost at any time because those advances depend on legislation that can be (and has been) weakened or repealed by Congress, but the ERA can stop that from happening.
“Equality is not debatable, we are born with it. All we are asking is for it to be recognized.”
– Nevada State Senator Pat Spearman
What is the ERA?
The ERA is a proposed amendment to the Constitution that would provide a fundamental legal remedy against sex discrimination for both women and men. It would guarantee that the rights affirmed by the U.S. Constitution are held equally by all without regard to sex. The ERA would clarify the legal status of sex discrimination for the courts, where decisions still deal inconsistently with such claims. The significant advantage of a constitutional amendment is that it will require that legal challenges be subject to an elevated standard of strict scrutiny. Under that standard, a court would have to consider whether a sex-based classification satisfies a “compelling state interest” – something that is very hard, if not impossible, to demonstrate. To those who would write, enforce, or adjudicate laws that have an inequitable impact on women – or men – the ERA would send a strong preemptive warning: The Constitution has no tolerance for sex discrimination.
How will the ERA Help Women?
NOW believes that the Equal Rights Amendment (ERA) will help advance the rights of all women, including Black women, Native American women, Latinx women, Asian and Pacific Islander women, and LGBTQIA+ individuals. This amendment will establish the U.S. as a global leader in women’s rights. The ERA will serve as a fundamental principle for ensuring equal opportunity and treatment for women and men in all areas of life. Additionally, it will protect against efforts to undermine previous achievements in women’s rights and will empower women to seek redress for economic marginalization more effectively. In recent years, many of the equality gains made by the women’s rights movement have been weakened. It would also promote laws and court decisions that fairly take into account women’s and men’s experiences and would help prove sex-based discrimination in court.
Take Action Right Now
- Go to Sign4ERA.org and add your name of support for the Equal Rights Amendment
- Contact your Representative in Congress and let them know you support the ERA and urge them to sign the discharge petition and vote for Equal Rights Amendment to be published in the Consitution.
- Contact your Senators and urge them to vote for the ERA to be published in the Consitution.