The Supreme Court Is Showing Us Why the ERA Can’t Wait

Listening to two recent Supreme Court arguments on immigration, I heard something more than a debate over statutory language or constitutional text. I heard a stark illustration of how precarious rights can be when they depend on interpretation rather than being firmly embedded in the Constitution.

In one case, justices parsed the meaning of a single word—“arrives”—in ways that risked erasing access to asylum altogether. In the other, they confronted a direct challenge to the 14th Amendment and, in doing so, were forced to reckon with the real lives at stake.

That contrast is the point. When a right lives in statute, it can be narrowed, redefined or even functionally denied through legal gymnastics that separate words from their purpose. But when a right is written into the Constitution, it becomes harder—though not impossible—for courts to ignore its human consequences.

The difference isn’t abstract; it shapes whether people can seek refuge, claim citizenship or be recognized as equal under the law.

Taken together, these cases offer a warning—and a roadmap. If we want rights to endure, they must be grounded where they are hardest to dismantle. The Equal Rights Amendment was meant to do exactly that. And in this moment, as courts and lawmakers test the limits of existing protections, the case for finally enshrining it in the Constitution has never been clearer.

From Pennsylvania to Illinois to California: A Wave of Good News for Women

It is a relief to point to bona fide good news coming from the states, often some of the best laboratories for democracy.

In Pennsylvania, an appeals court struck down a decades-old law banning the use of state Medicaid funding to cover abortion. Truly remarkable is the majority’s decree that reproductive autonomy is enshrined in the equal protection provision of the Pennsylvania Constitution, guaranteed under its Equal Rights Amendment. ERAs can be game-changing for bolstering legal protection against a wide array of discrimination—including on the basis of pregnancy, age, disability, and immigration status—as well as for addressing adjacent issues such as pay equity and transparency and gender-based violence.

Upcoming judicial elections in Georgia are fast becoming a reproductive rights referendum, as happened last year in Wisconsin. Activists are raising funds in force. 

Idaho voters will likely get to weigh in directly on abortion rights in the November midterms.

… and more.

The Abolitionist Origins of American Feminism

From Mary Wollstonecraft to Sojourner Truth, the fight for women’s rights emerged alongside—and was fundamentally shaped by—the struggle to abolish slavery and secure universal human rights.

On the 250th anniversary of the founding of the republic, it is timely to trace the history of American feminism, whose roots lie in the revolutionary era and are inextricably bound with the movement to abolish slavery. 

(This essay is part of the FEMINIST 250: Founding Feminists series, marking the 250th anniversary of America by reclaiming the revolution through the women and gender-expansive people whose ideas, labor and resistance shaped U.S. democracy.)

ERA Road Tour Rolls Through Texas, Linking Suffrage History to Today’s Fight to Enshrine Equality in the Constitution

The Driving the Vote for Equality Tour is a cross-country campaign retracing the 1916 suffrage road trip, when activists drove across the United States to demand voting rights for women—this time calling on Congress to recognize the Equal Rights Amendment as the 28th Amendment. Traveling in a restored 1914 Saxon car known as the Golden Flyer II, organizers are connecting past and present while gathering support nationwide.

This week’s installment highlights recent stops in Houston, Seguin and Georgetown, Texas.

Abortion Provider Challenges Colorado Parental Notification Law Under 1972 ERA and 2024 Right to Abortion Amendment

As Republicans ever more relentlessly attack abortion rights in states across the country, women’s rights advocates are rediscovering underutilized state equal rights amendments (ERAs) and using newly passed abortion rights amendments to state constitutions to challenge longstanding barriers to abortion in blue states.

Colorado is now ground zero for that fight, where Dr. Rebecca Cohen is challenging a state law requiring young women under the age of 18 to notify a parent 48 hours before accessing an abortion or navigate the courts to obtain permission to access this basic care.

Some legislators who voted for the Colorado parental notification law explicitly said they hoped it would be a deterrent to young women engaging in sexual activity—“but nobody seems very invested in their partners paying a price for it,” said Rupali Sharma, litigation co-director of The Lawyering Project, which represents Cohen.

 “Not only is the state trying to coerce you to carry your pregnancy to term, but it’s treating you fundamentally differently than your male partner, who has also participated in bringing this pregnancy along,” said Sharma. 

On the Road, One Conversation at a Time: The Case for the ERA Is Landing

From Georgia to Tennessee to Alabama to Louisiana, the Golden Flyer II carried the legacy of the 1916 suffrage journey into direct conversation with the present-day push for constitutional equality. At each stop, the approach remained consistent: Meet people where they are, explain the stakes and invite them to take action.

The responses were often immediate and unscripted. A restaurant owner in rural Georgia signed on the spot. A mayor in Knoxville, Tenn. issued a proclamation and added her name. Visitors at civil rights sites in Montgomery, Ala. stopped to ask questions and sign. In Baton Rouge and Lafayette, La., passersby—from veterans to pedestrians on their daily routines—engaged with the campaign, many expressing surprise that gender equality is still not explicitly guaranteed in the Constitution.

Keeping Score: Trump Attacks Iran, Pressures Senate Republicans to Pass ‘Show Your Papers’ Voter Registration Bill; States Expand Access to Childcare and Paid Leave

In every issue of Ms., we track research on our progress in the fight for equality, catalogue can’t-miss quotes from feminist voices and keep tabs on the feminist movement’s many milestones. We’re Keeping Score online, too—in this biweekly roundup.

This week:
—Dolores Huerta breaks her silence at 96: “I have never identified myself as a victim, but I now understand that I am a survivor.”
—Trump pressures Senate Republicans to pass the SAVE America Act, a “show your papers” policy that would require U.S. citizens to show a passport or birth certificate in order to register to vote.
—A performative personnel exchange at DHS: from Kristi Noem … to Markwayne Mullin?
—The U.S. and Israel launched strikes on Iran, killing at least 1,332 people.
—March 10 is Abortion Provider Appreciation Day.
—DHS Secretary Kristi Noem was fired, as ICE reports 32 deaths in detention facilities in 2025.
—Access to early prenatal care is declining in the U.S., especially in states with abortion bans.
—A record one-third of American workers not have access to government-mandated paid leave.
—The U.S. deported a gay woman to Morocco, where her sexuality is illegal and she faces violence from her family.
—Texas Attorney General Ken Paxton claimed gender-affirming mental healthcare for trans youth is “child abuse.”
—New Mexico and New York take steps towards free universal childcare.
—Jessie Buckley took home the Academy Award for Best Actress in a Leading Role for her role in Hamnet. The film was directed by Chloé Zhao, one of nine women to ever be nominated for the award of Best Director and the only woman nominated this year.

… and more.

The Radical Potential of Traditional Femininity 

In the 1700s and 1800s in the U.S., women were presumed to be subordinate to men: naturally helpless, emotional, vulnerable.

Reading through the thousands of petitions submitted by revolutionary-era women to the state, one might get the impression that all women accepted their subordinate status to men with humility and grace.

But what if they didn’t? What if their engagement with the discourse of feminine dependence was merely a shrewd tool, effectively deployed to cater to precisely what their readers—white, male elites—wanted to hear? What if the radical act of seeking a divorce in the 18th century contradicted the conservative language they employed? 

In most cases, we’ll never be able to deduce these women petitioners’ true feelings on their social and legal status. Many women petitioners in the revolutionary era left no trail for the historian to follow. 

What we can know is that the employment of this discourse of dependence, cunningly constructed in a sympathetic narrative neatly packaged for a patriarchal audience, was immensely effective. For the most part, women who engaged with these tropes of feminine subordination saw their petitions granted. Those that did not—including those who rebuked men—largely saw their pleas rejected or ignored. 

(This essay is part of the FEMINIST 250: Founding Feminists series, marking the 250th anniversary of America by reclaiming the revolution through the women and gender-expansive people whose ideas, labor and resistance shaped U.S. democracy.)

ERA Road Tour: Weekly Road Diary (March 8-13)

Inspired by the 1916 suffrage road trip that helped win women the vote, activists behind Driving the Vote for Equality are traveling across the country in the restored Golden Flyer II to build support for recognizing the Equal Rights Amendment as the 28th Amendment.

Each week, Ms. will share highlights from the road.

During its first week on the road, the Golden Flyer II carried the push for the ERA through the Mid-Atlantic.

Its second week took the Golden Flyer II through Virginia, North Carolina and Georgia—stopping in cities and towns where activists, students, historians and local leaders gathered to sign petitions, share suffrage history and press Congress to recognize the ERA as the 28th Amendment.

ERA Road Tour: Weekly Road Diary (March 2-7)

Inspired by the 1916 suffrage road trip that helped win women the vote, activists behind Driving the Vote for Equality are traveling across the country in the restored Golden Flyer II to build support for recognizing the Equal Rights Amendment as the 28th Amendment.

Each week, Ms. will share highlights from the road.

During its first week on the road, the Golden Flyer II carried the push for the ERA through the Mid-Atlantic. In New York, New Jersey, Washington, D.C., and Virginia, ERA advocates connected historic sites of feminist resistance with renewed calls for constitutional equality.