Author: Victoria F. Nourse

Victoria F. Nourse is a law professor and the director of the Center for Congressional Studies at Georgetown University Law Center. The story of her role in drafting VAWA was told on NPR’s Throughline.

Why the ERA Is Needed—Even With the 14th Amendment

For years, critics have claimed that women don’t need the Equal Rights Amendment because the Supreme Court has secured women’s rights under the 14th Amendment’s Equal Protection Clause. 

At the time it was ratified in the 19th century, no one thought that the 14th Amendment protected women; its purpose was to end slavery. Thanks to pioneering lawsuits by Ruth Bader Ginsburg in the 1970s, women did gain a measure of equal rights under the 14th Amendment, but lawyers know that those victories were limited.

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

The Supreme Court’s Blindness to Gender Violence

If you thought the Supreme Court’s decision overturning Roe v. Wade was the end of the Court’s war on women, think again. Now gender violence laws are under attack. Case in point: last term’s decision in Counterman v. Colorado striking down a stalking conviction as unconstitutional. This upcoming term, the Court is poised to deal another blow to domestic violence laws, in a case about guns: United States v. Rahimi.

The only answer is for women to return to a newly vital project since Dobbs: the Equal Rights Amendment.

(This article originally appears in the Fall 2023 issue of Ms. Join the Ms. community today and you’ll get issues delivered straight to your mailbox!)

A Devastating Supreme Court Decision on Sexual Assault Shows Why the U.S. Needs the ERA Now

When she was a college freshman in 1994, Christy Brzonkala was gang-raped by two students at Virginia Tech. Brzonkala turned to a law newly passed called the Violence Against Women Act—and her case made it to the Supreme Court, where women’s right to equal protection from violence ultimately died.

When passed, the Equal Rights Amendment would spark Congress to enact new laws on gender violence, including redrafting the Violence Against Women Act civil rights remedy, and chart a path to overturn Brzonkala’s devastating decision.