Equal Rights Amendment

The Equal Rights Amendment, first proposed in 1923, would guarantee equality of rights under the law for all regardless of sex. The ERA passed Congress in 1972 with the needed two-thirds vote of the U.S. House and Senate. The required three-fourths of the state legislatures then ratified the ERA when Virginia became the 38th state to ratify in 2020. It still has not been added to the Constitution.

Pa. Court to Hear Arguments *Feb. 5* on State Ban on Medicaid Coverage for Abortion and Equal Rights Amendment

In January 2024, the Pennsylvania Supreme Court ruled that abortion providers can challenge the Pennsylvania’s Medicaid coverage exclusion on abortion for violating the state’s Equal Rights Amendment and Non-Discrimination Clause of the Pennsylvania Constitution.

On Wednesday, Feb. 5, lawyers for Pennsylvania’s freestanding abortion clinics will argue before the Pennsylvania Commonwealth Court that the ban discriminates on the basis of sex in violation of these constitutional provisions.

The case is the first Pennsylvania state court proceeding challenging an abortion restriction since the state Supreme Court restored the Pennsylvania Equal Rights Amendment last year.

Women’s Paychecks Are Shrinking—And Policy Isn’t Keeping Up

Last September, the National Partnership for Women and Families reported the wage gap for all women workers had widened to 75 cents for every dollar men earned, representing a 3-cent decrease in real pay per hour for women.

While on the surface this may seem negligible in a paycheck, even a seemingly small increase in wage disparity dramatically impacts the significant gains in pay since the 1980s. American Progress reports that with this current backslide, it will now take until 2068 to close the wage gap.

The Legal Status of the Equal Rights Amendment

Former President Joe Biden’s statement that the Equal Rights Amendment has been ratified and should be deemed part of the Constitution is welcome and correct as to the law. But it also is likely to engender great confusion and unfortunately has no legal effect.

The law is clear: It is for Congress to decide whether an amendment has been properly ratified—not the president, not the archivist, and not the courts.

Carolyn Maloney and Eleanor Smeal Applaud President Biden’s ERA Statement

On Friday, President Biden issued a strong statement declaring that the Equal Rights Amendment has been ratified and is the law of the land, having met both requirements of Article V with the vote of two-thirds of Congress and ratification by three-fourths of the state legislatures.

“The ERA would etch equal rights into the Constitution—to protect and expand our opportunities, choices and rights,” said Carolyn Maloney, president of New York State NOW and former member of Congress.

“There is nothing in the president’s statement that prevents the Congress from also affirming the ERA as the 28th Amendment to the Constitution, as they did with the 27th Amendment,” said Eleanor Smeal, president of the Feminist Majority.

Ellie Smeal Honored with Presidential Citizens Medal for Defining the Women’s Rights Movement

Eleanor “Ellie” Smeal, the president of the Feminist Majority Foundation and publisher of Ms., was awarded the Presidential Citizens Medal—the nation’s second highest civilian honors—on Jan. 2 by President Joe Biden for “defining the movement for women’s rights.”

“It happened over and over that she would come up with some wonderful idea, and some other organization would take it and run with it. And we’re like, ‘Ellie, aren’t you mad?’ … [And she would respond,] ‘No, this is great. Now I can work on something else,’” said Kim Gandy.

Ms. Magazine’s Top Feminists of 2024

From top athletes, to community activists, to badass lawmakers, here are our 25 picks for the top U.S. feminists of 2024, and two of the best things they did or said.

Featuring: Kamala Harris, the 27 women who sued the state of Texas for its abortion ban in Zurawski v. Texas, Sarah McBride, abortion providers and funders, Black women voters, Jasmine Crockett, South Carolina’s “Sister Senators” and more.

Why the ERA Needs Congressional Action—And How We Can Win

Over these past weeks, I’ve read countless emails, sat through heated meetings, and heard the cries for action directed at President Joe Biden urging him to order the archivist to certify and publish the ERA in the Constitution. I understand the yearning for a decisive stroke. But this path, I believe, is a snare, tangled in legal thorns, dangerous and fraught with risk.

After careful study and consultation with leading constitutional experts, I am certain that Congress must pass joint resolutions to recognize the ERA and remove the arbitrary time limit.

His intervention could set off a chain reaction, handing ERA opponents an opportunity to challenge the amendment in court. A judicial gauntlet with Trump-appointed judges risks obliterating decades of progress, forcing us to begin again, clawing our way back through Congress, where a two-thirds vote is needed in the House and Senate, and three-fourths of state legislatures must ratify any new amendment.

Thought-Provoking, Policy-Changing and Narrative-Shifting: Ms. Magazine’s 10 Most Impactful Print Articles of 2024

Ms. spurred thought-provoking, policy-changing, narrative-shifting change in 2024—and created new feminist strategies and solutions for the year ahead. In a word: “impact.” Ms. commissioned high profile analysis and investigative journalism by some of feminism’s best journalists and thinkers, focusing on key issues impacting women and girls at a critical moment across the globe. Here are the Ms. editors’ top 10 impact articles in the past year, as seen in the print magazine.

(Join the Ms. community today and you’ll get the issues delivered straight to your mailbox.)

2024 in Review: The Ms. Stories That Defined a Year of Feminist Resistance and Resilience

As we take a moment to regroup this holiday season and start to plan for 2025, I’m reflecting on some of the most important stories we covered this year at Ms. We focused on the issues that matter most to women—especially when it came to issues that the mainstream media establishment has often overlooked, but that we’ve been paying attention to for a long time. Here are six of them. 

The Path to Certifying the ERA Lies With Congress—Not the Archivist

In a statement released Dec. 17, the archivist of the United States, Dr. Colleen Shogan, and the deputy archivist, William J. Bosanko, clarified their position on the Equal Rights Amendment (ERA) and the constitutional process for ratifying amendments. The press release highlighted their legal responsibilities and the current limitations preventing the ERA from being certified as part of the U.S. Constitution.