Tag: Wendy Murphy

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!

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

Women’s Rights Under Attack: Fighting Back–The ERA and the Women’s Bill of Rights

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Please join Feminists in Struggle and the Green Alliance for Sex-Based Rights in a joint presentation, Women’s Rights Under Attack: Fighting Back on June 18th at 10 a.m. PDT to explore how to effectively fight back against the multiple incursions on the rights of women, focused on the Equal Rights Amendment and the Women’s Bill of Rights.  Equal Means Equal‘s Wendy Murphy and FIST’s Ann Menasche will be presenting.  Register here.