The Contrarian

Twenty-Nine States Have a Not-So-Secret Weapon to Fight for Democracy

As the Trump administration’s attacks on women’s rights, reproductive access and LGBTQ equality continue in force, state executive leaders have emerged as potent frontline responders.

Among the tools in states’ arsenals are often underused state-level equal rights amendments (ERAs). Even as the federal ERA remains in limbo, an unlikely bulwark for the next four years—see professor Laurence Tribe’s Contrarian piece explaining its legal status—29 states have some form of an ERA (e.g., broader sex equality language than the U.S. Constitution) written into their constitutions. Several have already been used to advance abortion rights (Pennsylvania, Connecticut and New Mexico); many are broadly worded and inclusive of protection against pregnancy discrimination, age, disability and immigration status. Issues such as pay transparency and addressing gender-based violence also could be bolstered by a state ERA.

Budget Cuts, IVF Access and the Feminist Resistance: Dispatches From Week 1 of Women’s History Month in Trump’s America

Beyond the sheer cruelty, Trump’s antagonism toward government—and the attempts to swiftly dismantle federal agencies’ productivity and purpose—is a simultaneous affront to and attack on women and LGBTQ communities. Make no mistake: That is by design. As Professor Tressie McMillan Cottom underscores: “By giving people a scapegoat, giving men a scapegoat … it says not only are women the enemy, are people of color and minorities the enemy, but the government is protecting them. So not only do we need to push these people out, but we need to delegitimize and gut the government that made them possible so it doesn’t happen again.” In the weeks and months to come, as we collectively continue to litigate and report and write and resist, we must not lose sight of this reality—because countering attacks on gender is foundational to the work of protecting and preserving democracy.

As today’s headlines highlight Trump’s withdrawal of aid to Ukraine and imposition of tariffs on China, Canada and Mexico—and the lowlights of his remarks to a joint session of Congress—here are stories that also warrant attention.

Trump’s Executive Order on IVF Is Full of Red Flags

The White House issued an executive order last week entitled “Expanding Access To In Vitro Fertilization.” The language it employs, and the sheer folly of what it promises, mark it as a double affront to democracy.

I turned to Rutgers Law Professor Kimberly Mutcherson, expert in bioethics and reproductive health, law and technology, to unpack exactly what is at stake for both reproductive health and democracy. Here are four red flags she raised.

Public Health Websites Are Going Dark

The Office of Personnel Management (OPM) ordered federal agencies to take down all public information on its websites and social media accounts that “inculcate or promote gender ideology.” When the initial deadline arrived—Friday, Jan. 31, at 5 p.m. ET—multiple web entries and databases, including many dedicated to public health, went dark. At the same time, there is a herculean and whirlwind effort on the part of researchers, journalists and advocates to preserve and republish missing information.

The public response to the administration’s power grab has been not just heartening, but an important lesson for mobilizing in this next era. As quickly as information is suppressed, all of us can play a part in responding—whether that be suing, searching or simply sharing.