Our Charter and Platform 2026 Kitchen Table Talks

Kitchen Table Topics - Equal Rights Amendment 2026

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DISCUSSION QUESTION

  • Do you support efforts to ensure the Equal Rights Amendment is fully recognized and incorporated into the U.S. Constitution? And what role should Congress and the courts play in determining whether the Equal Rights Amendment is recognized as part of the Constitution?

BACKGROUND

  • The Constitution does not explicitly guarantee equal rights;

  • The Equal Rights Amendment (ERA) to the Constitution was first introduced in Congress in 1923, Congress passed the ERA in 1972 and, as required by the Constitution, sent it to the States for ratification;

  • Congress initially set a deadline for ratification, and by that deadline 35 of the required 38 states had ratified the amendment;

  • Between 2017 and 2020, Nevada, Illinois, and Virginia ratified the ERA, bringing the total to 38 states; however, the legal status of these ratifications remains contested due to the original deadline;

  • The publication and certification of the ERA have been the subject of ongoing legal and political debate, including the role of the U.S. Archivist and the authority of Congress to modify or remove ratification deadlines;

  • Recent legal developments, including changes to federal protections for reproductive rights, have intensified debates about the need for explicit constitutional guarantees of equality;

  • Women, on average, continue to earn less than men, with persistent gender pay gaps across industries;

  • A Constitutional amendment would make explicit that equal rights for women are guaranteed and protected by the law of the land;

  • The ERA is broadly interpreted as providing stronger legal protections against discrimination on the basis of sex, with potential implications for gender equality and LGBTQ+ rights;

REFERENCES