Tag: ERA

The Equal Rights Amendment – Final Impact Plan!

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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

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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!

Building Hope for the New Year

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It’s been a tough year for women’s rights.  We lost abortion rights (even though access had been eroded for years) when the decision in Dobbs vs. Jackson Women’s Health was issued this past June with our reactionary Supreme Court overturning Roe vs. Wade and 50 years of precedent to give a green light to states to outlaw abortion.  Now 13 states ban all or virtually all abortions and only 17 states and the District of Columbia broadly protect abortion rights. No doubt, many women’s lives and liberty now hang in the balance.

Meanwhile, the Biden Administration has continued to fight in the courts against adding the Equal Rights Amendment to the Constitution, even though already ratified by the requisite 38 states. See Maura Casey’s article, Publish ERA, let skirmishes begin and watch Equal Means Equal’s video: Joe, Do It!

The ERA would establish sex as a protected category, with the same weight as race, which would make it far easier to challenge all kinds of discriminatory practices in every state in the union, including jobs discrimination, violence against women, and yes, abortion bans. See and share our Why We Need the ERA brochure.

And then the coordinated worldwide effort to deny the existence of sex, and to remove sex-based protections including the ability of women to organize against our oppression and to even have language to talk about ourselves, has continued apace in 2022.  California passed two horrific bills this year, SB 923 and SB107 and would respectively indoctrinate the medical and mental health professions in gender identity ideology and make the state a magnet for minors seeking sterilizing and mutilating so-called “gender affirming care.”  See our post about these dangerous bills.

Indoctrination in our schools and universities is endemic.  Feminists are losing jobs and livelihoods and facing civil rights complaints for refusing to deny the existence of two biological sexes. A lesbian in Norway was even facing criminal charges and up to three years in prison for supposed “hate speech” for stating that men could neither be lesbians or mothers.

And most recently, Scotland passed a gender self-ID law, the Gender Recognition Reform Bill, that will allow any male, including convicted sex offenders, to enter women’s spaces and programs simply on his say-so, disregarding concerns about women’s safety.

So, there is plenty of reason to despair.  But there is also reason to hope.

Women can and are fighting back.  Women in Scotland protested and sang a rendition of Auld Lang Syne outside of parliament during the vote, “women’s rights are human rights.”  Their struggle is not over.

Rise-Up for Abortion Rights has done amazing organizing in response to the overturning of Roe.

Two women who challenged their sacking in the UK for their gender critical views were vindicated in court:  Allison Bailey  and Maya Forstater.

Our Duty, a non-partisan group of parents opposing child medical transition, organized a successful “First Do No Harm Unity Rally” of 100 people in Anaheim California in front of a national convention of pediatricians.  The central organizer is a mother, lawyer, and liberal Democrat.  The Tavistock Gender Clinic in the UK has been shuttered following the investigation headed up by Dr. Hilary Cass revealing dangerous invasive procedures being recommended for gender dysphoric youth with little screening or oversight.

And then there are the women of Iran, who are leading a struggle against an extremely repressive and misogynist fundamentalist regime.  In response to the death of a young woman, Mahsa Amini, in custody of the morals police for not wearing her headscarf properly, and at great risk to themselves, our Iranian sisters have poured out into the streets again and again.

The song, Baraye, has been the anthem of the protests:

For the sake of dancing in the street

For the fear felt in the moment of kissing

For my sister your sister, our sisters

For changing the rotten minds

For shame, for pennilessness

For the yearning for an ordinary life

For the sake of the children that mine the garbage and their dreams…

For women, life, liberty

 

For women, life, liberty!  If they can do it, we can do it!

Happy New Year, sisters!

Report Back on WDI-USA national conference

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FIST members attended the the Women’s Declaration International – USA conference , which took place in Washington DC, September 23-25, 2022. The theme and title of the conference was “Reigniting the Women’s Liberation Movement”. The gathering lived up to its “national” title with women having traveled to the conference from across the country; we spoke to women from at least 11 states. Relative to the female population in the U.S., there was good representation of black and brown women (including in the leadership) and a large lesbian contingent. Some of us estimated that 2/3 of us were older and 1/3 were women in their mid-30s or younger. The feeling was very warm and welcoming, it was truly wonderful to share a weekend meeting 100 like-minded women (or so we assumed).
The conference was very well organized, there were back-to-back plenaries and breakouts for a full two days, in addition to the introductory plenary on Friday night, where members of the Board of WDI-USA introduced themselves and the conference–plenaries took place in the dining room so we were able to continue eating and have our dessert even as we took in all of the ideas presented. The food was good and plentiful. Everything ran on time. It took place in a swanky hotel and we sat in a ballroom complete with sparkly chandeliers and white tablecloths.  There were many good presentations with some time for questions afterwards but there was very little actual discussion. Very little exploration of how far our assumed like-mindedness went.
Plenaries included those on the Second Wave of the WLM, Radical Feminist Structural Analysis, Nonviolent mass Action as a strategy for Resistance, the history of feminists “trashing” each other in the women’s movement and strategies to combat it, Women’s writing, Grassroots Organizing, Women in Leadership, Women’s Community, Stories and Land, Ethical Communication, and finally “What Would Victory Look Like?”.

The plenaries were interspersed with smaller breakout sessions on Reproductive Rights, Opposition to the Sex Trade, the Value of Lesbian Only Spaces, Consciousness Raising, Gender and Feminism, Misogynoir (“Black Patriarchy”, facilitated by Black women) and Legislative Advocacy.

Some of our differences became evident during the last session of the conference. as all women in attendance were asked to present their visions of what “victory” would look like. Otherwise differences were not discussed at all; we never touched upon feminists taking money from Christian Nationalists, or the WDI-USA promotion of Women’s Bill of Rights, or their opposition (or at least WoLF’s) to the ERA (see our ERA-FIST brochure) or the WDI statement in opposition to the Inflation Reduction Act or their former work on their Equality for All Act which is a watered-down version of FIST’s Feminist Amendments to the Equality Act or the history of the right wing trying to co-opt feminism through groups such as the Independent Women’s Forum. Nor was there any discussion of how WDI/WDI-USA is funded or how the conference itself was funded.
 
The conference centered on the issue of gender and there was a great sense of relief in being at a large gathering where gender-critical views could be openly discussed. However, it did eclipse other crucial issues, such as the recent catastrophic loss of legal abortion in the U.S.  Reproductive rights and justice was not a major topic at any of the plenaries at which everyone in attendance was present. After the conference, FIST members and other attendees from NY had a discussion about what the place of gender should be in terms of women’s liberation as a whole (we reached no conclusion and consider this an ongoing discussion).
This one meeting might not reignite the Women’s Liberation Movement but it certainly demonstrated that the embers have not burned out. The great deal of warmth and openness—really great spirit—gives us hope for bringing the different “factions” of feminism together on mutually agreed upon campaigns.
Posts to our blog page by Feminist Writer are the opinions of individual FIST members and do not necessarily reflect the positions of the Feminists in Struggle organization.  Official posts are authored by Feminist Struggle.

Why We Need the ERA!

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The ERA would end women’s second-class citizenship by finally giving women equal standing in the federal CONSTITUTION, thus would ensure women’s equal TREATMENT under all laws, regulations, and policies of state and federal governments.

The ERA would afford women equal treatment under the DUE PROCESS CLAUSE and the EQUAL PROTECTION CLAUSE, which affect all other rights including everything from obtaining a dog license to the First Amendment, LIBERTY, etc. These fundamental constitutional rights ensure that all people enjoy the most basic freedoms: autonomy, self-determination, authority over the self,  bodily integrity, etc. Without the ERA, women cannot be assured that any rights will apply equally to them.

The ERA would require courts to use strict scrutiny when reviewing claims involving different treatment of women. Without the ERA, courts are allowed to use only intermediate scrutiny, which, unlike strict scrutiny, permits infringements on rights.

The ERA would protect abortion rights and literally save women’s lives by making it clear in the text of the Constitution, for the first time in history, that women are fully equal persons who can no longer be subjected to unequal treatment under any laws, including abortion laws.

The ERA would allow us to fight and reverse any sex discriminatory state or federal law, regulation or policy. The ERA specifically states that the Congress may pass legislation to enforce the ERA, which would mean Civil Rights laws would be amended to ensure women’s equal legal stature. Without the ERA women do not enjoy equal treatment under civil rights laws. For example, aside from employment, women are excluded from Title VI of the Civil Rights Act of 1964. ERA would fix this

Under the ERA and strict scrutiny, women would still enjoy separate spaces and sex-based preferences that serve a compelling state interest, such as a need to address a history of discrimination.

The ERA would allow women to sue the government for unequal enforcement of rape and domestic violence laws, bias against women in family court, and courts enforcing laws requiring equal pay for women would have to construe the word equal to mean actually equal. Without the ERA courts can interpret laws requiring equal treatment to mean something less than fully equal. The ERA would enable women to assert stronger legal arguments against the commodification of women by surrogacy, pornography, prostitution, and sex trafficking.  

According to Wendy Murphy, attorney for Equal Means Equal, “The ERA is more desperately needed in 2022 than ever before because of Dobbs” (the decision that overturned Roe). “Women’s pervasive status as second-class citizens enabled the Supreme Court to cavalierly take away all personhood rights of pregnant women. Women are literally the lifeblood of this nation, yet they are vulnerable to dystopian court rulings solely because they lack basic equality in the Constitution. The only solution is to fix the Constitution. The ERA does that.”

The ERA was ratified by the 38th state in January of 2020 and is now the law of the land, but, just like the Trump Administration, the Biden Administration is blocking the ERA from being published in the Constitution. Biden is also fighting against the ERA in federal court the same way Trump did.    #PublishERANow!

Four lawsuits are currently pending in NY, MI, RI and DC that seek to validate the ERA. The DC case is scheduled for oral arguments at:

DC Circuit Court of Appeals on September 28th.

WHAT YOU CAN DO: 

  • Come to DC and help us protest Joe Biden’s opposition to Women’s equality. WE DEMAND EQUALITY NOW!!
  • Call/text the White House Comment Line: 800-456-1111
  • Tweet #PublishERANow!  @SCOTUS and @JoeBiden
  • Call your Senators and urge them to demand Biden publish the ERA!!

Distribute our ERA-FIST brochure

A Guarded Thanks to Seattle Public Library

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Feminists in Struggle previously wrote the Seattle Public Library on behalf of the WoLF event, “Fighting the New Misogyny,” scheduled for February 1, urging the library to honor the First Amendment of the U. S. Constitution and allow the event to go on despite attempts to shut it down by the trans community.  We have now written the library to thank them for going ahead with the event, but in view of the inordinate amount of time that it took for them to reach this decision, and their having had multiple hearings and events for this population, we thought we should remind them of the fact that women, adult human females, are still a marginalized group who need future events focused on the multiple ways in which we experience discrimination based on our sex.  See below for full text of our statement.

To:  Seattle Public Library

From:  Feminists in Struggle

 

While we’re gratified to learn that the Seattle Public Library has decided to honor free speech and allow women to speak in the “Fighting the New Misogyny” event put on by the Women’s Liberation Front scheduled for February 1, we wish to remind the library and its board that this is a right guaranteed by the First Amendment of the U. S. Constitution.  As such, there should have been no question whatsoever as to what the correct decision should have been, nor any delay in reaching it, particularly on behalf of a public institution such as yours.

We hope that future such events will not only be scheduled unimpeded, but that any opposition by those who think it is acceptable to deny women the right to speak will be firmly resisted by your board, your decision reached in a much more expeditious manner, and said events be allowed to go on with your unswerving public support.  Women, adult human females, are a marginalized group as well, are still second class citizens in 2020 with no standing in the federal Constitution, even though we are 52% of the population!  We deserve many more opportunities to speak not only on this topic, but many others such as #MeToo, ratification of the ERA, FGM, and male violence towards women to name a few. It is our sincere hope that you will readily give women the respect we deserve in the future.

ERA JUST GOT RATIFIED IN THE 38TH STATE!!

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We are thrilled to learn that on January 15th, 2020 the Virginia legislature has voted to ratify the Equal Rights Amendment!  It’s about time, Virginia, but thank you for finally acting on behalf of the women of the United States to end our second-class citizenship!

The Equal Rights Amendment reads as follows:

“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.”

Equal Means Equal and other groups were there to ensure that the Virginia legislature did not forget its promise to vote to ratify the ERA nearly 50 years after it was introduced in the U. S. Congress in 1972 and almost 100 years after it was first introduced in 1923 as the Lucretia Mott Amendment.  Many of us marched for the ERA and were disheartened when it did not reach the critical 38 states in 1982, but some of us never gave up the fight.  We wish to thank our sisters for their hard work and perseverance in pursuing ERA ratification!

Though there are still a few hurdles to its being enshrined in the Constitution as the 28th Amendment, it is way past time that women’s rights be fully recognized!  We will continue to fight until that happens!!

FIST on WBAI Radio!

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Ann Menasche of Feminists in Struggle (FIST) will be interviewed by Fran Luck on the Joy of Resistance show on WBAI Radio Thursday, April 25, 2019 at 7-8 pm EDT (4-5 pm PDT).

Ann is a Civil Rights lawyer and has been a radical feminist and a socialist activist for her entire adult life. She organized a lesbian feminist group and mass marches in defense of abortion rights in the 1980’s in San Francisco and led a coalition for marriage equality. Recently she became a founding member of a new national radical feminist organization: Feminists in Struggle–or FIST–which was launched on International Women’s Day, March 8, 2019.  The interview will explore why a number of women across the country saw the need for a new feminist organization–including the fact that FIST, unlike other feminist organizations that are gender critical, does not believe in making alliances with the right wing and sees its positions as belonging in a revitalized Left. Its issues also include reproductive freedom, passing the ERA, and an end to men’s violence against women–as well as the abolition of gender.

You can tune in at: Joy of Resistance at WBAI. The show will also feature Taina Bian Aime of the Coalition Against Trafficking in Women–CATW) on the fight against legalization of commercial surrogacy in New York State.  There may be an opportunity to call in during the show.

For more information, go to:Joy of Resistance Info

An International Women’s Day Message from Feminists in Struggle

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This International Women’s Day, March 8, 2019 marks the launch of a unique national grassroots network of radical feminists, Feminists in Struggle.  We are unique because we are member-run, member-funded, and with a vision that draws inspiration from generations of feminists that came before us.  Our foremothers a century ago won the vote and the eight hour work day. Women in the Second Wave won abortion rights and got very close to winning the Equal Rights Amendment.  Feminists succeeded in opening up higher education and many jobs and professions previously closed to women. These were long, hard struggles with many obstacles along the way.  But they persisted and they won.

It is time to do it once again.  We females are half the population.  It is time to exercise our collective muscle–the power of sisterhood–to roll back the attacks from multiple quarters that aim to reverse the gains we won during the past half century.   It is time to rebuild a movement for female liberation that will defend our right to our own spaces, programs, and organizations, fight for access to legal abortion, defend lesbian rights, preserve laws prohibiting sex discrimination,  finish the job of winning the ERA, and end violence against women.  We need a movement that will go all the way this time, and dismantle the patriarchal male-supremacist system that oppresses us.  We can’t be erased if we organize and speak out together as one voice!

If you believe like we do that the time for political organizing and collective action is NOW and you want to make herstory together fighting to defend the rights of women and girls, PLEASE JOIN US! As suffragist Christabel Pankhurst declared, “Remember the dignity of your womanhood. Do not appeal, do not beg, do not grovel. Take courage, join hands, stand beside us, fight with us.”