
As the Trump administration’s attacks on women’s rights, reproductive access and LGBTQ equality continue in force, state executive leaders have emerged as potent frontline responders.
Among the tools in states’ arsenals are often underused state-level equal rights amendments (ERAs). Even as the federal ERA remains in limbo, an unlikely bulwark for the next four years—see professor Laurence Tribe’s Contrarian piece explaining its legal status—29 states have some form of an ERA (e.g., broader sex equality language than the U.S. Constitution) written into their constitutions. Several have already been used to advance abortion rights (Pennsylvania, Connecticut and New Mexico); many are broadly worded and inclusive of protection against pregnancy discrimination, age, disability and immigration status. Issues such as pay transparency and addressing gender-based violence also could be bolstered by a state ERA.