The Equal Rights Amendment – Final Impact Plan!

What is the ERA? The ERA is an amendment to the U.S. Constitution to correct the omission of women. Like all amendments, it required ¾ of the states (38) to ratify it for it to become part of the Constitution. This is the full text:

Section 1: Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.

Section 2: The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.

Section 3: This amendment shall take effect two years after the date of ratification.

The ERA was ratified by the 38th state (Virginia) on January 27, 2020. So why isn’t it in the Constitution?  Because first the Trump Administration and then the Biden Administration have unconstitutionally obstructed its being published by the National Archivist, as the Constitution requires.

There are so many reasons why women and girls need the ERA. Let’s review some statistics:

  • Over 4 women a week were murdered in California in 2020
  • Over 298.000 rapes of women were reported in the U.S. in the same year
  • Spousal abuse of women is estimated at 4.8 million every year
  • Approximately 1 million women are stalked annually in the U.S.
  • Over 78% of sexual harassment charges were filed by women between 2018-2021
  • 7 in 10 human trafficking victims are women and girls
  • Over 500,000 cases of female genital mutilation have occurred or are at risk of occurring in the U.S.
  • Abortion rights and birth control are increasingly under attack, risking women’s health and lives
  • Women in every state report injustice in their family law cases, especially battered mothers trying to protect their children from abusive fathers who aggressively litigate against them, using family court to stalk, harass, punish, and impoverish their former partners and children
  • Child marriage is still prevalent in the U.S., 87% of victims of which are girls
  • Women still earn 82 cents to every dollar men earn
  • Single women and mothers with children are the two fastest-growing groups of people experiencing homelessness in the United States

All of this is facilitated and amplified by the fact that women do not have equal standing in the U.S. Constitution.

Attorney Wendy Murphy explains more in this video:

Some History:

The ERA was first introduced into Congress in 1923 as the Lucretia Mott Amendment, shortly after women suffragists won the right to vote. It was always Alice Paul’s and the First Wave feminists’ intent to gain equal standing in the U.S. Constitution following gaining the vote. The ERA languished for decades, however, was rewritten in 1943, and finally passed in its present form in 1972. This was due to the efforts of Paul who seized the moment when the Civil Rights Movement for black people gained ground in order to press for the civil rights of women. It then went to the states for ratification and reached 35 states before the imposed deadline of first 7 years, extended to 10 years, expired in 1982. In 1992, when the 27th amendment was passed after over 202 years, efforts began anew to obtain the last 3 states to ratify in order to reach the ¾ requirement.

Because of the tireless efforts of individual women and especially the organization, Equal Means Equal, Nevada ratified in 2017; Illinois in 2018, and Virginia in 2020, reaching the required 38 states. Instead of being published onto the Constitution by the National Archivist as Article V of the Constitution mandates, however, the Trump Administration unconstitutionally interfered with its publication by writing a memo, known as the Bill Barr Memo, to the National Archivist telling him not to publish because the deadline had passed.  As Archivist, David Ferriero had recorded the ratifications of Nevada and Illinois, but pursuant to the memo from the Office of Legal Counsel in the Trump administration’s Department of Justice, he did not act to publish and certify the ERA after receiving Virginia’s ratification documents in January 2020.

Then after the 2020 election, the Biden Administration continued obstructing its publication and has fought it in court like the Trump Administration did, despite claiming support for the ERA and women’s rights when campaigning. This is especially outrageous considering the fact that the Dobbs decision overturning Roe would not have been possible had the ERA been in the Constitution.

David Ferriero retired in the spring of 2022, and Colleen Shogan was confirmed as his successor as Archivist; she has stated she would publish the ERA if she were told to do so by President Biden. So that is what we need to pressure him to do! We need as many people as possible participating every day in this campaign between now and the election, as that is when we have some leverage and can get some national attention.

Here is our battle plan to finally get the ERA published:

  • CALL: White House Comment Line 202-456-1111 open T-Th 11-3 EST 8-12 PDT
  • TEXT: 310-861-2977 – Harris    302-404-0800 – Biden
  • EMAIL: whitehouse.gov/contact – request a response!
  • HOUND ON SOCIAL MEDIA:    

Twitter accounts: @JoeBiden or @POTUS /@KamalaHarris or @VP  –  Use Hashtags #ERA #EqualRightsAmendment #ERANow!

Sample posts:

 The #EqualRightsAmendment was fully ratified on January 27, 2020 and has been unconstitutionally obstructed by Trump & now by @POTUS and @VP. It is now over 100 years since the #ERA was first introduced into Congress. How long must women wait for equality?!  Make the call, @JoeBiden!

Congress and the American Bar Association @ABAesq have both deemed the #EqualRightsAmendment to be fully ratified. Why are you standing in the way of women’s equality? What are you waiting for @POTUS and @VP?! Call the National Archivist and tell her to publish #ERA, @JoeBiden!

  • Write/call/tweet to senators and congressional representatives in support of HJ Res 82 and SJ Res 39, resolutions to urge the publication of the ERA.  Make it clear that you realize that Congress has already done its job in 1972, and it is Joe Biden’s turn to do his by calling the Archivist and instructing her to publish. Let them know they should be pressuring him directly as it is HIS responsibility, not theirs.  No bill extending the deadline is needed either (nor is it valid).

ADDITIONAL ACTIONS:

  • Take a photo of yourself with an ERA sign with the demand “Make the call Joe!” and upload it to https://finalimpact.org.

For more information see the following videos and articles:

https://twitter.com/i/broadcasts/1mrGmyQqmEVGy or https://t.co/hpWyArF6kn

https://x.com/i/spaces/1jMKgmqrXkyJL

https://www.equalrightsamendment.org/faq/

https://www.americanbar.org/groups/diversity/women/initiatives_awards/era

FIST to host Zoom Forum March 25th on Strategies for Winning Back Abortion Rights

Feminists In Struggle continues its series with a forum on abortion rights: “After Dobbs and the continuing threat to women’s reproductive rights, how do we develop a strategy to regain and secure the right to abortion nationally?”  Tickets on sale now!

FEMINIST FORUM: STRATEGIES FOR WINNING BACK WOMEN’S ABORTION RIGHTS Tickets, Sat, Mar 25, 2023 at 1:00 PM | Eventbrite

Here is our exciting panel of speakers:

Andrea Gabay is a grassroots activist who first volunteered in 2020 while living in New York City. She was an active volunteer doing food drives and composting at GrowNYC environmental program to empower New Yorkers to secure a healthy environment. She also supported many marches throughout NYC, including many BLM movements and was involved with Women’s March in Manhattan. Andrea brought her activist work back with her to San Diego, where she organized a march/rally in January 2023 as part of the national Women’s March.

Wendy Murphy , J.D. is an impact litigator specializing in women’s and children’s civil and constitutional rights. She won landmark Title IX cases against Harvard, Harvard Law, and Princeton between 1992 and 2010 that led to the revolutionary 2011 Dear Colleague letter; and sued the Trump and Biden Administrations in federal court to advance women’s rights. She also won landmark cases to improve privacy rights for women crime victims and testimonial rights for disabled crime victims. She is adjunct professor of sexual violence law and law reform at New England Law Boston where she directs the Women’s and Children’s Advocacy Project under the Center for Law and Social Responsibility. She is well known for her legal advocacy in support of the Equal Rights Amendment.  See our ERA-FIST brochure, “Why We Need the ERA” on which Wendy collaborated, and her book, From Suffrage to Inequality.

Ann Menasche is a San Diego civil rights attorney, grassroots activist, lesbian, and long-time feminist who is a founding member and co-coordinator of the national radical feminist organization, Feminists in Struggle. She is also co-chair of the Green Alliance for Sex-Based RIghts. She has fought for access to safe legal abortion in the years before Roe and in the decades that followed. In the 1980’s she led a landmark case against an anti-abortion center or “fake clinic” for consumer fraud and won. She also helped organize Marches for Women’s Lives in San Francisco that drew tens of thousands of people. Ann was recently fired from her civil rights job for asserting that abortion bans harm women as a sex and has filed a wrongful termination law suit against her previous employer as a result.

JOIN US FOR THIS IMPORTANT DISCUSSION!

FIST Speaks at Abortion Rights March in San Diego

On January 22, 2023, the 50th anniversary of Roe v. Wade, Ann Menasche, member of the Coordinating Committee of FIST, spoke at a San Diego rally for abortion rights.  Ann framed the abortion issue as one of women’s rights, called for the restoration of abortion rights in all 50 states and that women rely on ourselves and not the politicians to win back our rights.   She was well received by the crowd. The spirited demonstration of a few hundred was organized quickly by grassroots feminist activists when the Women’s March failed to organize anything locally. FIST also distributed 60 half page flyers with our statement on abortion rights on one side and our thirteen principles on the other.  The rally was followed by a march through downtown San Diego.   San Diego FIST members and supporters look forward to future local feminist work.

Drop the Charges Against the Abortion Rights Demonstrators in Riverside!

This letter was sent to the District Attorney in Riverside on October 3, 2022:

Mike Hestrin
Office of the District Attorney
County of Riverside
3960 Orange Street
Riverside, CA 92501

Dear Mr. Hestrin:

We are writing to you on behalf of the national feminist organization, Feminists in Struggle (FIST), to demand that all charges be dropped against those arrested at a RiseUp4AbortionRights demonstration on July 30, 2022, in Riverside, CA and who will be arraigned on October 6.

These arrestees were protesting nonviolently for the basic human right of women to control their own bodies and access abortion, and against the recent outrageous decision by the Supreme Court to overturn this Constitutional right guaranteed by Roe v. Wade.

Women throughout the country are watching the disposition of these cases and are alerting local politicians in your area as to the importance of these charges being dropped. Our right to peacefully protest is guaranteed under the U.S. Constitution and we expect that right to be respected by your office.

Thank you for your immediate attention to this urgent issue.

Sincerely,

Ann Menasche
For Feminists in Struggle

WE ASK EVERYONE TO CALL THE RIVERSIDE DA’S OFFICE AT  951.955.5400 AND TWEET THEM @DA_MikeHestrin and @rivcoda TO DROP THE CHARGES AGAINST THE #RIVERSIDE8!!  You may also email the DA’s office at: inquiries@rivcoda.org

WE SUPPORT RISEUP4ABORTION RIGHTS!!

We wish to voice our full-throated support for the group, RiseUp4AbortionRights and commend them for leading the fight against the reprehensible Supreme Court decision to overturn Roe V. Wade.  RiseUp4Abortion Rights has been on the ground working for years to build grassroots resistance to the attempt by the religious right and extremist politicians to pass restrictive, punitive laws regarding abortion and we wish to acknowledge them specifically as the driving force demanding the right to abortion with no apologies!  We agree with their core message, that this is a fight for women’s lives, and that we need to exercise solidarity and sisterhood, get in the streets, and not wait for elections!! We wish to thank Sunsara Taylor, Merle Hoffman, and Lori Sokol for their leadership and for calling for unity of all women’s groups and people of conscience to join the fight!!

Read the Open Letter for Unified Action

Demand Legal Abortion Nationwide

Sign up for RiseUp4AbortionRights Actions

Texas Abortion FightBack

At the FIST forum on abortion rights last week we heard from Merle Hoffman, founder and CEO of Choices Women’s Medical Center in NY, that clinics can register with various abortion funds to serve women who cannot afford the procedure or need to travel long distances to obtain the care they need.  The severe restrictions in Texas have increased the need for donations to abortion funds. Choices has already served more than a dozen women from Texas.  With sheer grit, abortion funds persist in the state despite the vigilante law that encourages citizens to turn in anyone helping a woman get an abortion after 6 weeks of pregnancy.

The National Women’s Law Center has identified the following groups already on the ground helping to keep access to abortion in Texas.  We encourage donations.

 

ARGENTINA LEGALIZES ABORTION!

This is an historic day for feminism in Latin America–Argentina voted to decriminalize abortion, thanks to a growing feminist movement, despite tremendous opposition by the Catholic Church!

Please join us on January 23rd and our SPECIAL GUEST FROM ARGENTINA, Jimena Diaz, psychologist, feminist and women’s rights activist on the successful abortion rights struggle there!

Tickets available at Eventbrite, for $5.00. A few free tickets are also available but please pay if you can in order to help us continue to fight for women’s rights.