On Women’s Equality Day, the unfinished fight for constitutional equality extends far beyond abortion. State equal rights amendments—and, ultimately, a robust federal ERA—could reshape how the law treats pregnancy, motherhood, work and family life.
Ming-Qi Chu, deputy director of the Women’s Rights Project at the ACLU, says state ERAs could be used to counter discrimination against pregnant women. Chu uses the example of a Tennessee case last year where a pregnant woman was denied prenatal care because she was unmarried.
“If they’re only asking about marriage in the specific context of pregnancy, then they’re treating pregnancy differently from other medical conditions,” she says. “And the other theory [of discrimination] is that they’re asking this question because they want women to be married before getting pregnant, enforcing the stereotype that only married women should receive prenatal care or should have pregnancies that are recognized.”
“I can imagine a robust ERA that says that it is a violation of our equality rights to die or to face the risk of dying from something that one of the wealthiest nations in the world should have rendered as an anomaly, as an exceptional circumstance that just doesn’t happen here anymore,” University of California, Berkeley, law professor Khiara M. Bridges says.
“The ERA can give us a real basis for making more intersectional arguments about equality, and pushing courts to consider the intersection of sex discrimination and race discrimination in ways that they have been unwilling to do until now.”
