State ERAs Can Protect Reproductive Rights Post-Dobbs

Pennsylvania’s highest court held in January that the state’s statutory ban on Medicaid coverage for abortion is sex discrimination under the state’s Equal Rights Amendment—the first time a state supreme court has ruled on how state ERAs impact reproductive rights since Dobbs v. Jackson Women’s Health Organization dismantled the federal constitutional right to abortion.

This decision proves that reproductive rights have a future post-Dobbs—one firmly rooted in state-level ERAs and their untapped potential to protect and advance reproductive rights.

(This essay is part of “The ERA Is Essential to Democracy” Women & Democracy collection.)