The fight for constitutional gender equality remains a vital priority. The Equal Rights Amendment seeks to guarantee that rights cannot be denied or limited based on sex, enshrining equality in the U.S. Constitution once and for all.
While 37 states have ratified the ERA, one state short of the required 38, the legal status of the amendment remains contested. In January 2023, President Joe Biden signed a proclamation recognizing the ERA as the 28th Amendment to the Constitution. However, this declaration does not automatically enforce the amendment due to legal challenges surrounding the expired ratification deadline originally set by Congress in the 1970s.
The Archivist of the United States has stated that without congressional action to remove the deadline or a court ruling to lift it, the ERA cannot be officially published or enforced at this time. This underscores the need for continued advocacy, legislative efforts, and legal clarity to ensure the ERA’s full implementation and protection of gender equality under the law.
What the ERA Says:
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: Congress shall have the power to enforce this article through appropriate legislation.
Section 3: The amendment takes effect two years after ratification.
Why the ERA Matters
Legislative protections for gender equality—such as in pay, employment, education, social security, and political representation—can be weakened or reversed. The ERA provides a constitutional guarantee that would strengthen protections against sex discrimination and extend crucial legal tools like strict scrutiny in courts.
The ERA also benefits all genders by challenging systemic sexism and supporting intersectional equality for women, transgender people, and gender-expansive communities.
Florida NOW’s Work
Since 2003, Florida NOW has actively campaigned for Florida’s ratification of the ERA. Our efforts include:
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Lobbying state legislators
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Organizing rallies and public education
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Building coalitions with aligned organizations
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Engaging the public through letter-writing and advocacy campaigns
We continue to push for Florida to be the decisive state that ratifies the amendment and for Congress to remove any remaining obstacles.
How You Can Help
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Contact your City or County Commissioners to urge their support for the ERA.
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Mobilize your local organizations to endorse and advocate for ratification.
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Organize or sign petitions and advertisements promoting the ERA.
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Write letters to your local newspapers and elected officials to raise awareness.
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Stay connected with Florida NOW’s ERA efforts via our ERA YES NOW! Facebook Group.
Sample Letter to the Editor
To the Editor:
Thirty-seven states have ratified the Equal Rights Amendment, just one state shy of the threshold needed for constitutional adoption. The 27th Amendment, ratified over 200 years after it was proposed, shows that ratification deadlines can be overcome. The ERA would strengthen protections against sex discrimination and benefit everyone by promoting equality under the law.
I urge my legislators to support the ERA and join efforts to finalize its ratification in Florida and nationwide.
Thank you.