This Constitution Week, a Reminder That Women Still Aren’t in Our Nation’s Founding Document

The Equal Rights Amendment, first introduced in 1923, was meant to ensure that women are recognized as equal under the law. Over 100 years later, we’re still waiting.

Jessica Lenahan, center, a domestic violence survivor, and Carol Jenkins, ERA activist and journalist, attend a news conference at the House Triangle on the need to ratify the Equal Rights Amendment on June 6, 2018. (Tom Williams / CQ Roll Call)

As the nation celebrates Constitution Week, it’s ironic that, with the exception of the right to vote, American women are left out of our Constitution.

That’s right: Even though women are more active than ever in shaping our nation’s future—53 percent of voters are women, and women hold more governorships, House and Senate seats than ever, plus 35 percent of all local school board seats, not to mention the workforce and military—we’re left out of the U.S. Constitution.

Despite these strides, without the protection of the Equal Rights Amendment, our rights remain vulnerable. How did this happen?

Without the ERA, women’s rights are never truly secure.

Since its inception in 1787, the Constitution has shaped our nation, yet its framers intentionally excluded women. The document was written by white land-owning men, for men, and it failed to even acknowledge half the population. They made laws about us, without us. It’s a reality we’ve lived with for over two centuries.

From those early days, women were expected to stay silent. Though women like Abigail Adams warned her husband to “remember the ladies,” their voices were ignored. It wasn’t until 1920, with the passage of the 19th Amendment, that we fought for and won the right to vote. And because of Jim Crow laws, for Black women, it would be even longer.

But voting is just one piece of the puzzle. We’ve been fighting for equality ever since.

The ERA, first introduced in 1923, was meant to fix this—to ensure that women are recognized as equal under the law. Yet here we are, 101 years later, still waiting for it to be placed in the Constitution as the 28th Amendment.

Although the ERA has been ratified by the required three-quarters of the states and all that remains is for Congress to pass a simple resolution directing it be placed in the Constitution, politicians continue to block its placement with political games.

A march on Aug. 26, 1979—Women’s Equality Day—in Venice Beach, Calif. (Cal Montney / Getty Images)

Every woman in America deserves to have her rights enshrined in the Constitution, not left vulnerable to the whims of a changing political landscape.

Today, we face a Supreme Court more reactionary than ever. Decisions in recent years—most notably the overturning of Roe v. Wade—have stripped away hard-fought rights. But abortion is only the beginning. Nearly every right women take for granted—autonomy over our bodies, protection from discrimination in education and employment, and even access to birth control—is at risk. It’s a chilling reminder that without the ERA, women’s rights are never truly secure.

This is why the 2024 elections matter. This fight isn’t just about one issue—it’s about the foundation of our lives, our futures, and the country we want to leave for our daughters. We cannot afford to sit this one out.

Critical elections are days away. Abortion, birth control, IVF, pay equality, LBGTQ+ rights, and so much more hang in the balance.

And Ms. is especially focused on younger women votes. There’s a whopping 58 percent gender gap among college-age women voters compared to their male counterparts.

Key state referenda, Senate and House races, and the presidency will decide America’s reproductive health future.

Check in daily at Msmagazine.com to see what our reporters, digital teams and podcasters are providing for accurate, timely information. (Subscribe to our daily or weekly newsletters here.) Share the information with friends and on your social media.

There’s no better way to celebrate Constitution Week, than doing your part to get women into the Constitution, at long last.

We’re counting on you. We’re counting on each other.

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About

Katherine Spillar is the executive director of Feminist Majority Foundation and executive editor of Ms., where she oversees editorial content and the Ms. in the Classroom program.