More Than A Magazine, A Movement
American democracy is an unfinished project. Our nation was founded on principles of equality and justice for all, but living up to these foundational principles is the animating challenge of our history.
Now is the time to overcome the remaining hurdles and permanently enshrine the ERA in the Constitution where it belongs. In doing so, the U.S. would join the ranks of every other democratic nation across the globe, all of which already protect women in their constitutions. The ERA has the potential to inaugurate a society-wide effort to repair systemic sex-based inequality and dismantle structural gender discrimination, far beyond what our existing laws protect.
The ERA would provide a new textual basis for protecting reproductive rights and the related fundamental rights at risk. It would further anchor these rights as a basic matter of equality and equal participation in society, beginning with the ability to decide whether, when and how to have a family.
This new framework would prioritize a substantive, rather than formal, approach to equality. The concept of formal equality—a sex-blind or sex-neutral approach to decision-making employed by the courts—can often end up blocking efforts to improve conditions for those who need help the most.
There is reason to hope. The ERA is closer to final ratification than ever before. While the ERA has met all of the constitutional requirements for ratification, the main legal obstacle that remains involves a time limit for ratification that was in the preamble to Congress’s initial authorization of the ERA in 1972. This time limit expired in 1982, well before the final three state ratifications in Nevada in 2017, Illinois in 2018 and Virginia in 2020.
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