There’s Still Time for Biden to Sign the ERA and Prohibit Discrimination Based on Sex

Tuesday, December 10, Congresswoman Cori Bush held a press conference joined by The Feminist Front, the Young Feminist Party, and the ERA Coalition at the House Triangle. Together, they issued an urgent call to President Joe Biden to publish the Equal Rights Amendment (ERA) as the 28th Amendment to the U.S. Constitution, emphasizing the critical importance of gender equality and the need for decisive action.  Citing the incoming Trump administration and soon-to-be GOP-controlled House and Senate, Bush said, “Our bodies, our rights, our lives are on the line. While progress has been made in enacting laws that prohibit discrimination based on sex, equal rights are still not constitutionally protected.” 

In our ongoing commitment to move our field forward and protect the rights of young people in our communities, one concrete way we can do this is to make enough noise to ensure that the Equal Rights Amendment (ERA) is enshrined into our U.S. Constitution. We have the greatest chance to do this in the next 40-something days, before the administration changes hands.

In our ongoing commitment to move our field forward and protect the rights of young people in our communities, one concrete way we can do this is to make enough noise to ensure that the Equal Rights Amendment (ERA) is enshrined into our U.S. Constitution. We have the greatest chance to do this in the next 40-something days, before the administration changes hands. This is likely the last chance to add the ERA to the Constitution for an entire generation!  While the fight for human rights and gender equality is an evergreen aspect of the work we do, the reality is that most Americans do not realize gender equality is absent from our Constitution. A recent poll shows 72% of Americans mistakenly believe the ERA is already in place—though roughly 3 in 4 Americans support the gender equality amendment. 

Continued Attacks on Bodily Autonomy Based on Gender

We continue to see the negative consequences of this lack of protection of gender equality. Just a week ago, the U.S. Supreme Court heard oral arguments in U.S. v. Skremetti, a landmark case that could have widespread impacts on the availability of health care for transgender young people, and the ability of providers to provide essential, best-practice, and medically necessary health care.  Hormone treatment remains uncontested and available in Tennessee for young people who are not transgender. However, if SCOTUS upholds the state’s ban, transgender young people would be discriminated against on the basis of their gender and be refused the exact same treatments. If upheld, we would expect other state bans to follow.  The ERA, however, could protect all young people’s right to receive the medically necessary treatment they, their families, and their healthcare providers determine to be appropriate for them—rather than radical, ideologically-driven judges and legislators.  And of course, we continue to see the fatal fallout from the Dobbs v. Jackson Women’s Health Organization SCOTUS decision, overturning Roe V. Wade and greenlighting abortion bans across the country.  

The amendment states, “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” No law or legal protection is stronger than a Constitutional amendment. The ERA could serve as a legal foundation for achieving our collective vision of equity.

The ERA would protect bodily autonomy, our rights, and our lives. The amendment states, “Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” No law or legal protection is stronger than a Constitutional amendment. The ERA could serve as a legal foundation for achieving our collective vision of equity.   The ERA has met all requirements of the Constitution’s Article Five, passing both houses of Congress in the 1970s and being ratified by 38 states by 2020.  

Take Action

Advocates have been working on this amendment for over 100 years, and we invite you all to join their legacy within the next month. So, how do we do this? 

• We need public support to call President Biden’s office each day, urging him to direct the U.S. Archivist to immediately publish the Equal Rights Amendment.
  • Visit the ERA Coalition website for White House call instructions/script.  Call (202) 456-1111 and text (302) 404-0880 the White House and demand that the ERA becomes reality. 

• Additionally, we’re rallying Congress to act: 4 Republicans must join Democrats in signing a discharge petition to force a House vote by Dec 20.  

Why the ERA Matters

Publishing the ERA would have significant impacts for all Americans, but specifically, also adolescents and their sexual and reproductive health and well-being: 

• Advancing Comprehensive Sex Education 

• • For those of us in the field, the ERA would strengthen our ability to advocate for inclusive and unbiased sex education, ensuring every young person receives the information they need to lead healthy, empowered lives. 

• Supporting Reproductive Justice 

• • Reproductive justice is a cornerstone of youth empowerment. The ERA will secure stronger protections for young people’s rights to access contraception, abortion, menstrual equity, and other vital resources without discrimination. 

• Ensuring Gender Equality in Education 

• • As the ERA enshrines equality under the law, it would directly impact how educational programs are designed, ensuring gender disparities in access to health and education resources are addressed. 

• Defending Queer, Trans, and Non-Binary Youth Rights 

• • The ERA’s focus on gender equality supports a commitment to affirming and inclusive environments for all young people, including those who are queer, trans, and non-binary, helping to combat discrimination in schools and health care. The ERA guarantees rights that can’t be rolled back for the queer and trans community. 

• Enhancing Professional Impact 

• • The ERA would also protect and empower professionals in our field, giving them legal recourse against discrimination and strengthening their capacity to deliver essential services to young people. 

• Building a Legacy of Equality  

• • Our collective work at this conference—focused on reimagining and reinventing approaches to youth health—is aligned with the broader goal of creating a society where equity is not only an aspiration but a constitutional guarantee. 

Take action today to urge President Biden to publish the Equal Rights Amendment now!