Talking About The ERA

A Bit of History & What is Happening Now With The Equal Rights Amendment- And Music Always Music

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I know that many of us have been taking time to remove ourselves from the fray of politics— taking sanctuary, recharging and realigning our hearts. Sometimes you pull on the oars and sometimes you just have to rest. We are in that kind of moment - remembering, reconnecting, gathering strength and grounding ourselves for what comes next. It is good, no it is absolutely necessary, to take time to lean into what we love, what sustains our joy, and centers us in a place where we can begin again.

And so, if you still need to avoid conversation about political matters for a while, that’s ok. I’ll continue to post, as I always do, about a variety of topics. So feel free to pass on this one and come on back another day for another post.

That said, there is something I’d like to talk about because many people do not know it’s happening. So I’m going to go ahead and talk about the ERA (Equal Rights Amendment).

First, my own small personal story—When I was in elementary school girls were prohibited from wearing pants to school. Remember this is pre-climate change northern Indiana where winters were raw and cold with tons of lake effect snow. I remember the wet wool smell of the cloak room as I pulled off my rubber boots and snow pants that I could only wear beneath my skirt while walking to school. I remember sitting in my knee socks in that drafty classroom, the old-style radiators hissing and clanking, and looking with envy at the boys in their thick corduroy pants. Such a rule, so rigidly enforced, seems strange and archaic now. And yet, generations of women were restricted in their movement and dress, they were told they could be nurses but not doctors, secretaries but not bosses, cheerleaders but not athletes, lab techs but not scientists, told that our dreams needed to be smaller and our aspirations needed to fit into socially acceptable containers.

And so I am grateful for the generations of women who have worked hard, pressed forward and created movement for a more equal society. I bless the countless nameless ancestors who did not give up, but kept on working for that better more just world. These are the shoulders we stand upon. They knew disappointment and suffering and setbacks. They are bearing witness and supporting us now - and this is our time to follow their example.

The current reality is that within the first term of the 45th president, women’s rights were pushed back in devastating ways. In this second go around, there will be concerted efforts to push back woman’s rights even further. Before President Joe Biden leaves office there is something he can do to assure his legacy and assure the equal rights of women under the law. Here’s the outline of what is happening.

Currently, there is no constitutional amendment guaranteeing equal rights for women in The United States of America. The 14th amendment has an equal protection component for race and religion, but gender was not specifically mention. In the 1970s, the Supreme Court began to apply the 14th Amendment's equal protection clause to sex discrimination cases, but with exceptions that allow legislation like Title IX or the Equal Pay Act to be rescinded at any time. Equal rights based upon gender is still not guaranteed.

The ERA was introduced to congress in 1971, proposing that it should be clearly written into the constitution that people should be protected equally under the law in the United States no matter their gender. The House of Representatives and passed the legislation with overwhelming margins in both parties. One year later it passed the Senate with an eighty-four to eight majority. The next step would be for 3/4 of the states to adopt and then it would be added as a constitutional amendment. In five years they were only three states short of the number needed. Unfortunately, this is when a vocal high profile anti-feminist conservative activist, Phyllis Schlafly, led a resistance to the ERA effort using scare tactics and misinformation. It worked and the legislation was stalled for years.

Then in 2020 three more states, Nevada, Illinois and Virginia adopted the ERA through the work of women activists in response to the loss of women’s rights - hitting the magic number for ratification. At that point the ERA cleared all the bars for becoming a constitutional amendment. All that was left was for the President to contact the national archivist and tell them to publish the ERA into law.

But, when the those last three states ratified, the Trump White House sent a memo saying that the national archivist could not publish the ERA because the original piece of legislation had a deadline of 1982.

Because of that deadline you would think the amendment was over. But there is clear legal argument for the continuation of the ERA. Including the fact that constitutional amendments don’t normally have time limits. The 27th Amendment was ratified in 1992, a full 223 years after it was introduced. Also there is nothing in the constitution that says an amendment has to be passed within a particular time limit. In August of 2024 the American Bar Association made a public statement that a deadline for ratification of an amendment to the U.S. Constitution is not consistent with Article V of the Constitution.

The point is that there is a real legal challenge to Trump’s White House memo to the archivist. All President Joe Biden has to do is pick up the phone and tell the national archivist to publish the ERA (which has jumped every constitutional hoop - passing overwhelmingly in the House and Senate, and 3/4 of the states adopting the legislation).

Yes, there will be undoubtedly a legal challenge. Currently over 45 Senators and over 100 House members have written and encouraged Biden to call the national archivist and put the publishing of the ERA into motion — then let it work through the courts as it should.

The publishing of the ERA would be a significant firewall for legislation that would discriminate against women and persons in the LGBTQ+ community. It would also reinforce and enhance protections for race and religion.

So as the Quakers say “If you feel so led” please contact your representatives, and the President and Vice President requesting that they make publishing the ERA before the end of this term a priority.

We are many, we are great with love and we are not giving up. Together we will keep rowing for that better horizon.

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LINKS FOR ACTION

Through the trusted source of The League of Women Voters.

Directly Email President Joe Biden & Vice President Kamala Harris Here

If you would like to also sign a petition through Sign4ERA to be sent to the white house (power in numbers) link Here

For more information about the full 100 year history of the ERA link Here

Here’s a link to a video about Women’s Sufferage, and how women got the vote 104 years ago. It explains how women of color were not originally embraced, and were the backbone of the movement. Here

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Question

I talked about blessing the names of the ancestors who braved challenges, suffering and setbacks and kept going. If you feel like it give a shout out to a woman who has inspired you in your life.

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Music always Music

This is a song is called “Learning to Sit With Not Not Knowing”. In times of uncertainty I’ve had to learn how to find and choose a clear space, ground myself in what still shines and holds steady and true.

“I’m learning to live with high stakes, befriending my mistakes, lay my hand where my heart aches…I’m learning to live with high stakes. I’m learning to live with what takes time, no ribbon across some finish line, stop feeling i’m always a day behind…I’m learning to live with what takes time. “

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