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

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.)

Saving Seneca Falls: The U.S. Birthplace of ‘All Men and Women Are Created Equal’ Must Be Preserved

A caved-in roof. A crumbling porch. A memorial water wall in need of restoration.

These are just a few areas of the $10 million of deferred maintenance needed at the Women’s Rights National Historical Park in Seneca Falls, N.Y., one of 11 sites on the National Trust for Historic Preservation’s 2026 list of “Most Endangered Historic Places.” The Women’s Rights National Historical Park celebrates the first Women’s Rights Convention, held on July 19 and 20, 1848. Of the 433 parks within the National Park System, only 13 are dedicated to women’s history, making the inclusion of the Women’s Rights park on the “most endangered” list even more imperative. Rather than merely lament a need for restoration, the list, according to the trust, aims to increase “visibility, public attention and new resources to save and activate historic places for the public good.”

The story of suffrage, like so many stories in our nation’s history, is neither uncomplicated nor is it a “single story” that’s “preserved in amber,” insists Miranda Johnson-Haddad, president of the Friends of the Women’s Rights National Historical Park, the non-profit philanthropic group that supports the park. Johnson-Haddad emphasizes that the park’s leadership wants to continue to have “brave conversations about difficult subjects,” including that some suffragists, like Stanton, succumbed to white supremacist thinking—despite being active in the abolition movement—championing the right to vote for white women, but not for Black men and women. No Black women were known to be in attendance at the first Seneca Falls Convention, and only one Black man, Frederick Douglass, signed the declaration.

Still, “these are stories that belong to all of us in all their messiness and complexity,” Johnson-Haddad stresses, “and that can guide us through the current messy complexity.” She cites “Bread and Roses,” a protest song dating back to 1912: “As we go marching, marching, we bring the greater days / The rising of the women means the rising of the [human] race.”

Join Ms. Magazine and Get Our Landmark FEMINIST 250 Print Issue for This Pivotal Moment in American History

As the U.S. prepares to mark its 250th birthday on July 4, 2026, questions loom over the celebration: Whose America gets remembered, whose gets erased—and how do we imagine and build a democracy that includes all of us? 

In the Summer issue of Ms., we revisit the nation’s founding through a feminist lens, reclaiming the stories too often left out of the official narrative: women who challenged the authors of the Declaration of Independence and later the U.S. Constitution for deliberately writing women out of America’s founding documents, Black women who resisted oppression from the start, Indigenous societies built around women-led governance, queer lives in revolutionary America, Asian women’s struggles for belonging and the long fight to make disability visible in our history.

We also look back at 54 years of feminist reporting from the pages of Ms.—proof that the battles for bodily autonomy, equality and democracy did not begin yesterday—and forward to the bold new ideas that could shape a freer, fairer future for the next 250 years.

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