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.

The Midterms Changed Who Holds Power. What Comes Next? Congress Must Act Urgently to Address Harms Inflicted on Women and Girls

PUBLISHED 11/10/2026 by

The votes of women gave Democrats control of Congress. Now, the new leadership must act quickly and decisively to reverse the Trump administration’s devastating rollbacks of women’s rights over the last two years and address the harm caused by cuts to programs essential to women and their families.

With strong majorities in the House and Senate, congressional Democrats now have the power to pass critical legislation and demand accountability from federal agencies that have flouted the law to inflict harm on women and girls. Even with Donald Trump in the White House, Congress can still secure major wins for feminist priorities over the next two years.

‘Where Are We?’: Days Before the Midterms, a Question None of Us Can Afford to Ignore

PUBLISHED 10/28/2026 by

The rights many of us assumed were settled are being rolled back. Institutions we assumed were permanent are being tested. A democracy is only as strong as the people who show up for it. This year showing up has never mattered more.

There are many nonpartisan principles and values foundational to voting for a more just future … and one of them is the principle of equal rights for all.

The Equal Rights Amendment was first proposed in 1923 and passed Congress in 1972. When Virginia ratified it in 2020, decades after Congress’ deadline, it became the 38th state to do so. Yet it has still not been certified and its legal status remains unresolved.

Most people don’t realize the Constitution still does not explicitly guarantee equal rights regardless of sex. We do have important protections against sex discrimination. Title IX opened classrooms and playing fields to generations of girls. The Equal Pay Act and the Pregnancy Discrimination Act made it illegal to pay women less for the same work or push them out of their jobs for being pregnant. But these are laws, not constitutional rights. What one Congress passes, another can weaken or repeal. Their strength depends on whoever holds the majority.

The Equal Rights Amendment would change that. It would place equality between women and men in the Constitution itself, pushing courts to treat sex discrimination with the same seriousness as other fundamental violations of our rights. Our progress would be far harder to roll back. Rights that can be repealed are not yet secure. When the rights of half the population can be rolled back, no one’s rights are secure.

Artist and filmmaker Tiffany Shlain’s latest work—Dendrofemonology: A Feminist History Tree Ring, a 65-inch sculpture of reclaimed cedar with 50,000 years of history hand-burned into its rings—traces the long fight for women’s equality and reminds us that the next chapter of feminist history is ours to write. (The tree ring is on display in downtown Austin, Texas, until Nov. 17; then it heads to New Mexico.)

The Cornell Rape Case Has Sparked a National Outcry. Can That Anger Shape the Midterms?

PUBLISHED 10/12/2026 by

A dam has broken for women, stemming from the case of the Cornell student who was allegedly gang-raped at a fraternity in 2024.

In the 1980s, Ms. published the first national study of sexual assault on college campuses. What our researchers found was, at the time, shocking—at least, to the college administrators: Over half of women surveyed had experienced “some form of sexual victimization,” and one in eight women had been victims of rape—though of those women, nearly three-quarters didn’t identify their experience as rape.

“The details of what happened to Jane Doe are horrifying, but at least they are now being reported and considered credible. This has not always been the case,” wrote Ellen Sweet, former Ms. magazine editor and coordinator of the Ms. Magazine Campus Project on Sexual Assault in a recent New York Times letter to the editor. “Now there is a public outcry for transparency and accountability that can’t be ignored. Let’s hope colleges and law enforcement finally learn their lesson.”

We know that in this moment, young women are fed up and deeply, deeply angry. The midterms offer an opportunity to channel that anger into tangible, meaningful change.

Cornell Is Part of a Larger Pattern. The ERA Could Help Fix It.

PUBLISHED 10/3/2026 by

Women across the country are outraged over news stemming from the 2024 case of a young woman attending Cornell who alleges in a civil lawsuit she was pressured to take drugs and gang-raped in a fraternity house on campus.

The civil suit and subsequent pressure have led the district attorney to reopen the criminal investigation—a positive step, make no mistake.

But it leads us to wonder: Why was the investigation closed in the first place? Why did it take a civil lawsuit, and thousands of people being angry on the internet, for the district attorney to take Jane Doe’s case seriously? And as we approach the 10th anniversary of #MeToo, what will it take to create lasting change when it comes to the epidemic of sexual violence in our country?

“There are many reasons to fight for an Equal Rights Amendment to the Constitution,” wrote Victoria Nourse for Ms. in 2024.

I think Jane Doe’s case is yet another reason.

What Rights Should the Constitution Protect? Alicia Keys and Leigh Blake Are Asking You to Decide

PUBLISHED 9/23/2026 by

On Saturday, Sept. 26, Alicia Keys will use a special performance at the Global Citizen Festival in New York City’s Central Park to amplify the People’s Bill of Rights 250, a civic initiative asking Americans to help define the rights the Constitution should protect during the country’s next 250 years.

During her “Alicia Keys & Friends” performance, Keys will bring the People’s Bill of Rights’ message—“WE THE PEOPLE. AGAIN.”—to tens of thousands of festivalgoers.

“The People’s Bill of Rights 250 is about … passing the mic,” says Keys, “making sure every voice gets heard, and giving people the power to shape what comes next.”

It asks Americans to participate in small online deliberations and ultimately vote on which ideas should move forward. Current deliberations ask Americans to consider whether healthcare, reproductive freedom, equality for women and girls, housing, education and environmental protections should be constitutional rights. You can add your own idea (if you feel like typing), or just swipe right or left on others’ ideas.

Leigh Blake, a longtime activist who has spent decades using music and culture to mobilize people around social causes, co-spearheaded of the People’s Bill of Rights 250. The project is an extension of a decades-long philosophy of activism: that ordinary people have more in common than they are told, that rights are inseparable from human dignity, and that meaningful changes come through collective action and service.

“There’s always going to be people on the fringes,” she says, “but I don’t think we’re divided as a country in the way we’ve been led to believe we are.”

Blake describes the initiative as operating almost like “politics without politicians.” Instead of waiting for elected officials to decide which issues deserve attention, Americans can propose their own ideas and vote on the proposals of others.

Beyond Abortion: How the ERA Could Transform Pregnancy, Work and Family Life

PUBLISHED 8/26/2026 by

On March 31, 1776, Abigail Adams wrote a letter to her husband, John, beseeching him to “remember the ladies” as he and his peers were drafting the Declaration of Independence. She warned, “All Men would be tyrants if they could” and urged him to “not put such unlimited power into the hands of the Husbands.”

He ignored her warning when she wrote: “If particular care and attention is not paid to the Ladies we are determined to foment a Rebellion, and will not hold ourselves bound by any Laws in which we have no voice, or Representation.”

Now, 250 years later, women are still fighting for inclusion.

The potential for state ERAs to advance the rights of women and girls is tremendous, but only if we have the will—and the resources—to push for favorable state supreme courts and to use ERAs to challenge discriminatory government policies.

While we fight for a Congress that will publish the federal ERA and a U.S. Supreme Court that will robustly interpret it, feminists are building an ERA jurisprudence that will one day achieve Abigail Adams’ dream: for women to finally, truly, be equal citizens and live freely, safely and empowered throughout the United States.

After Dobbs, the ERA Offers a New Path to Abortion Rights

PUBLISHED 8/25/2026 by

For 250 years, women have been fighting for inclusion in the nation’s founding promise of equality. The Equal Rights Amendment would finally guarantee that equality under the U.S. Constitution—and could give Congress and the courts powerful new tools to address discrimination in education, employment, healthcare and safety. It could also provide a constitutional basis for challenging abortion bans and restrictions as forms of sex discrimination.

But feminists do not have to wait for federal recognition of the ERA to put equality guarantees to work. State constitutions are already providing a path forward.

In Nevada, advocates successfully challenged the state’s ban on Medicaid funding for abortion under its Equal Rights Amendment; in Pennsylvania, courts have opened the door to treating restrictions on abortion funding as sex discrimination; and in Colorado, feminist lawyers are arguing that parental-notification requirements impose unequal burdens on young women while placing no comparable restrictions on young men.

At a moment when abortion rights no longer have federal constitutional protection, state ERAs offer feminists another constitutional path—not only to challenge abortion restrictions, but to confront the stereotypes and unequal burdens beneath them. Building strong interpretations of equality at the state level can protect women now while laying the groundwork for the expansive vision of sex equality a federal ERA could one day deliver nationwide.

(This essay is part of FEMINIST 250: Democracy’s Feminist Future, a special series examining the next chapter of American democracy through a feminist lens. As the nation marks its 250th anniversary, the series taps the thought leaders of today to debut game-changing ideas for the next 250 years.)

The People’s Bill of Rights 250 Invites Americans to Reimagine the Constitution

PUBLISHED 7/29/2026 by , and

A new online public platform—The People’s Bill of Rights 250—invites Americans to propose, discuss and vote on ideas they believe belong in the Constitution. As the U.S. marks 250 years, the bold, interactive project asks Americans not only to reflect on the nation’s founding, but to help shape its future.

The nonpartisan organization The People and executive director Katie Fahey, alongside a coalition of civic, advocacy and cultural leaders, spearheaded the People’s Bill of Rights 250. It invites Americans to answer a simple question: What freedoms, rights and protections should every person in the country be guaranteed over the next 250 years?  

From now until Friday, July 31, Americans are encouraged to vote and share their own ideas at the People’s Bill of Rights 250’s website.

The Equal Rights Amendment and the First Amendment: A Roadmap for a Feminist Future

PUBLISHED 7/1/2026 by

Donald Trump’s jingoistic whitewashing of the 250th anniversary of the founding of our country will no doubt celebrate the 1773 Boston Tea Party, where the Sons of Liberty protested oppressive British import taxes. But throughout American history, women activists—the Daughters of Liberty to suffragists, journalists and civil rights advocates—have been making patriarchal governments tremble, by taking full advantage of the precious rights protected by the First Amendment: freedom of speech, freedom of the press, the right to peaceably assemble, and the right to petition the government for redress of grievances. 

That same spirit must now drive the final push to secure the Equal Rights Amendment. Although the ERA has been ratified by the required 38 states, it has yet to be officially recognized as part of the Constitution.

The First Amendment gives us the tools to change that: by speaking out, organizing, protesting and demanding that elected leaders make constitutional equality a national priority.

Democratizing America’s Lawmaking Institutions: Why Feminists Should Stop Waiting for Congress and the Court

PUBLISHED 6/18/2026 by

A feminist pro-democracy agenda must include new lawmaking institutions that can ensure our democracy is more inclusive, more democratic, more representative, and more responsive to the needs of all the people who call America home.

The past decade has brought two major failures of existing institutions to establish the basic requirements of non-patriarchal democracy: Congress’ failure to add the Equal Rights Amendment (ERA) to the U.S. Constitution and the Supreme Court’s failure to guard women’s constitutional right to control their reproductive lives. After calling out these outrages and trying to reverse them for years, it’s time for feminists to confront the deeper causes of these failures: the dysfunctional lawmaking institutions that were created by the Constitution over 200 years ago to govern the nation.

(This is part of a new miniseries FEMINIST 250: Democracy’s Feminist Future, a special Ms. series examining the next chapter of American democracy through a feminist lens. As the nation approaches its 250th anniversary, the series explores how women and marginalized communities have shaped democratic progress, what lessons history offers for the challenges ahead, and how a more inclusive, representative and equitable democracy can be built for the next 250 years.)