The Arizona Supreme Court Winds Back the Clock to 1864: ‘The Eyes of the World Are Watching’

The Arizona Supreme Court revived an 1864 pre-statehood ban on abortion (although the law will not go into effect immediately).

To quote the late Justice Ruth Bader Ginsburg, the way of thinking embedded in these zombie laws from the 19th century reflects “ancient notions about women’s place in the family and under the Constitution, ideas that have long since been discredited.” The Arizona Supreme Court does not expressly traffic in these deeply gendered stereotypes that are contemporaneous with the abortion ban it has resurrected from the dead—but they are silently lurking in the margins of the opinion.  

As Attorney General Mayes put it, the decision is “unconscionable and an affront to freedom… and will go down as a stain on our state.”

War on Women Report: Unprovoked Attacks Against Women in New York City; Texas Medical Board Refuses to Clarify State Abortion Ban

U.S. patriarchal authoritarianism is on the rise, and democracy is on the decline. But day after day, we stay vigilant in our goals to dismantle patriarchy at every turn. The fight is far from over. We are watching, and we refuse to go back. This is the War on Women Report.

Since our last report: The Protect Victims of Digital Exploitation and Manipulation Act aims to ban the production and distribution of non-consensual, deepfake pornography; an award created to honor the life and accomplishments of Ruth Bader Ginsburg is being awarded to four right-wing men (and Martha Stewart); the Texas Medical Board refused to further specify the rules around the state’s highly restrictive ban on abortion; police made their first arrest in connection to an onslaught of unprovoked attacks against women in New York City; and more.

Why the ERA Is Needed—Even With the 14th Amendment

For years, critics have claimed that women don’t need the Equal Rights Amendment because the Supreme Court has secured women’s rights under the 14th Amendment’s Equal Protection Clause. 

At the time it was ratified in the 19th century, no one thought that the 14th Amendment protected women; its purpose was to end slavery. Thanks to pioneering lawsuits by Ruth Bader Ginsburg in the 1970s, women did gain a measure of equal rights under the 14th Amendment, but lawyers know that those victories were limited.

(This essay is part of “The ERA Is Essential to Democracy” Women & Democracy collection.)

The Future of Pay Equity, 15 Years After Lilly Ledbetter Fair Pay Act

Fifteen years ago, we stood at the White House while then-President Obama signed the Lilly Ledbetter Fair Pay Act. This law restored the rights of employees to have their day in court for ongoing wage discrimination taken away by the Supreme Court in the Ledbetter v. Goodyear case.

This bill was such an important victory for workers and gave employees who were experiencing ongoing pay discrimination their day in court.  However, the law did not give women new tools to combat the wage gap itself. Still, with all working women earning on average 77 cents for every dollar paid to their male counterparts—and the pay gaps even wider for women of color—it reminds us our work is still far from finished. We will not rest until we can enact more policies that give workers stronger tools to challenge pay disparities and other forms of employment discrimination.

The Ms. Q&A With Elizabeth L. Silver, Author of ‘The Majority,’ an RBG Novel

When I heard the title of Elizabeth Silver’s new book, The Majority, I knew the lone word in the title held layers of resonance.

The novel’s main character is reminiscent of Ruth Bader Ginsburg, or “The Notorious RBG,” and the reader follows her arduous, yet steady, ascending legal career. The novel reveals an intergenerational weave of feminists still trying—sometimes in impossibly constricted ways—to break down doors, laws and spaces to effect change. In this book, we see a composite of personal and professional challenges that reflect the path of one character but represent so much more beyond just her.

The Dobbs Decision Could Erode Other Women’s Rights—Making the ERA More Important Than Ever

Dobbs v. Jackson was a clear indication that the Supreme Court will allow states broader latitude to pass laws that discriminate against women. This new reality makes final recognition of the Equal Rights Amendment more important than ever.

(This article originally appears in the Spring 2023 issue of Ms. Join the Ms. community today and you’ll get the issue delivered straight to your mailbox!)

There’s a Way to Add the Equal Rights Amendment to the Constitution—And We Did It

The truth is that the ERA is very much alive today, and this terrifies anti-equality activists and columnists alike. We don’t need to start over. Like Professor Tribe said, we have met the requirements of Article V and just need the ERA to be recognized by Congress as valid. It has enormous potential to protect reproductive rights and freedom, trans rights and much more.

Michigan Judge Rules Abortion Ban Violates Women’s Equal Rights, Bodily Integrity and Dignity

Michigan Court of Claims Judge Elizabeth Gleicher ruled last week that the state’s 1931 abortion ban violates the Michigan Constitution.

In a forceful, 39-page order permanently blocking the law, Gleicher ruled that the abortion ban violated both the due process and equal protection clauses of the state Constitution. She rejected Republicans’ argument that pregnancy is not an intrusion on women’s bodies: “Bodily autonomy is inherent to human dignity” and “eliminating abortion access will force pregnant women to forgo control of the integrity of their own bodies.”

Young Women Vow to Carry the Equal Rights Amendment Across the Finish Line

After realizing that gender equality wasn’t a right guaranteed by the U.S. Constitution, Rosie Couture and her friend Belan Yeshigeta founded Generation Ratify, an organization dedicated to adding the ERA to the Constitution. Other women-led organizations, such as The Feminist Front and The Ruth Project, joined the fight.

“Advocating for the ERA means advocating for a fight that began with many of our grandmothers.”

What Was Justice Alito Thinking?

When Justice Samuel Alito did the final proofreading of his majority opinion in Dobbs v. Jackson Women’s Health Organization, he must have felt a great sense of moral rectitude and satisfaction at the fulfillment of a half-century-long mission.

But he should also have been a bit nervous about the thinness of some of his assertions and the vulnerability of some of his legal analysis. That last reading might have gone something like this.