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"President Biden has two months," said the congresswoman.
With just over two months to go until U.S. President-elect Donald Trump takes office, U.S. Rep. Cori Bush on Wednesday urged President Joe Biden to take all the action he can to protect reproductive rights from Republican leader who has bragged about his role in ensuring Roe v. Wade was overturned.
Biden "must immediately direct the archivist of the United States to certify and publish the Equal Rights Amendment which can protect access to abortion care and contraception," said the Missouri Democrat, who co-chairs the Congressional Caucus for the Equal Rights Amendment.
Bush's call comes more than a year after the congresswoman and Sen. Kirsten Gillibrand (D-N.Y.) introduced the ERA Now Resolution, urging Colleen Shogan, the archivist of the United States, to certify state ratifications of the amendment and publish it in the Federal Register, which would formally cement it as part of the U.S. Constitution.
First introduced 101 years ago, the ERA would guarantee legal equality for women and men in the U.S. It could push judges to overturn anti-abortion rights laws on the basis that they violate a constitutional right to gender equality. In Utah, a state-level ERA has successfully blocked an abortion ban.
Since first being proposed, the ERA was passed by Congress in 1972 and sent to the states for ratification. Virginia became the 38th state to ratify it in 2020, meeting the threshold for it to become law.
"Today the ERA has met all the constitutional requirements to become the 28th Amendment—all that's standing in the way is some paperwork," said Bush in July on the anniversary of the ERA's introduction. "As Republicans and the Supreme Court's extremist majority continue to attack access to abortion care, contraception, and LGBTQ+ rights, the ERA is needed now more than ever to protect our communities. I'm urging the archivist to fulfill her ministerial duty by certifying and publishing the Equal Rights Amendment and affirming it as the 28th Amendment."
The overturning of Roe in 2022 paved the way for at least 21 states to ban or restrict abortion care. Republicans in Congress have proposed a nationwide 15-week abortion ban. Trump has claimed he would not sign a national ban but Vice President-elect JD Vance has expressed support for one.
"There is always the possibility of a national ban," Brittany Fonteno, president of the National Abortion Federation, toldThe Cut on Wednesday.
In her July statement, Bush said that "one hundred and one years of advocacy have brought us to this moment, and we refuse to wait a minute longer to cement constitutional gender equality as the law of the land in St. Louis, Missouri, and across the nation."
"It is shameful that despite the significant advances made in recent history, Americans continue to face discrimination on the basis of sex and lack equal rights in the Constitution," said the League of Women Voters CEO.
Equal Rights Amendment supporters on Thursday slammed the vast majority of U.S. Senate Republicans for filibustering a resolution that would make the 100-year-old measure the 28th Amendment to the Constitution.
The 51-47 vote to invoke cloture was short of the 60 needed for final consideration of the resolution. Sens. Susan Collins (R-Maine) and Lisa Murkowski (R-Alaska) were the only Republicans to join all Democrats present in supporting a vote on the ERA. Sen. Dianne Feinstein (D-Calif.) remains absent from the chamber, recovering from shingles.
"Today is a disappointing day for women," declared League of Women Voters of the United States CEO Virginia Kase Solomón. "Our nation's elected leaders have failed yet again to see us as equal members of this democracy."
"It is shameful that despite the significant advances made in recent history, Americans continue to face discrimination on the basis of sex and lack equal rights in the Constitution," she said. "Inequality hurts everyone, and we must not continue to be a nation that harmfully excludes and marginalizes women."
“We believe in the power of women to create a more perfect democracy, and that includes equal rights under the law, first and foremost," Kase Solomón added. "A strong democracy doesn't discriminate against women but empowers women. We will keep fighting, and we will keep showing up to hold our legislators accountable. Equality is essential to our democracy."
\u201cA minority of Senators just voted to filibuster against #SJRes4, which would have ratified the ERA & provided constitutional equality for half of this country.\n\nIt is unbelievable that in 2023 women & LGBTQ+ people still don\u2019t have equal protection in the Constitution.\u201d— Liz Shuler (@Liz Shuler) 1682617739
Kristin Rowe-Finkbeiner, executive director and CEO of MomsRising, agreed the vote was "a real disappointment," adding that "at this time when moms and women—and especially moms and women of color—face devastating wage discrimination, when our country has failed to adopt the programs and policies that would help parents and all caregivers achieve economic security, and when our bodily autonomy and access to reproductive healthcare is being gutted, all lawmakers from both political parties should support enshrining equal rights for women into our constitution."
"Still, we are encouraged by the fact that this vote took place today; it is evidence that this essential constitutional amendment remains on lawmakers' agenda," she said. "We will build from here. Moms want Congress to pass the Equal Rights Amendment, so states can ratify it at last."
First introduced in 1923, the ERA states:
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.
While the amendment passed both chambers of Congress in 1972, it must also be ratified by three-quarters of all state legislatures, or 38 states—a quota that wasn't hit until a 2020 vote in Virginia, decades after the 1982 ratification deadline.
The resolution blocked in the Senate on Thursday—led by Murkowski and Sen. Ben Cardin (D-Md.)—would have eliminated that deadline so the ERA could take effect.
Some amendment supporters in the U.S. House of Representatives marched through the Capitol to the Senate Chamber on Thursday chanting "ERA now!"
\u201cAbout a dozen House members just walked across the Capitol building shouting "ERA! Now!" and have stopped outside the Senate chamber.\u201d— Jennifer Bendery (@Jennifer Bendery) 1682612669
Among them was Rep. Ayanna Pressley (D-Mass.)—co-chair of the Congressional ERA Caucus with Rep. Cori Bush (D-Mo.)—who said after the vote that "once again, Senate Republicans have failed to do the bare minimum to protect our rights and equality."
Signaling that ERA supporters in the upper chamber aren't ready to give up, Senate Majority Leader Chuck Schumer (D-N.Y.) switched his vote to "no" so that he can bring up the resolution again.
The White House said ahead of the vote that the Biden administration supports the resolution, adding that "in the United States of America, no one's rights should be denied on account of their sex. It is long past time to definitively enshrine the principle of gender equality in the Constitution. Gender equality is not only a moral issue: The full participation of women and girls across all aspects of our society is essential to our economic prosperity, our security, and the health of our democracy."
This post has been updated with comment from MomsRising.
"It has been 100 years since the Equal Rights Amendment was first drafted and introduced in Congress," noted Rep. Cori Bush. "That is far too long... and we refuse to wait any longer."
A coalition of Democratic U.S. lawmakers led by Reps. Cori Bush and Ayanna Pressley on Tuesday announced the launch of a new caucus aimed at realizing the centurylong goal of adding an Equal Rights Amendment to the Constitution.
"It has been 100 years since the Equal Rights Amendment was first drafted and introduced in Congress, and more than a half century since both chambers passed it," Bush (D-Mo.) said in a statement announcing the founding of the Congressional Equal Rights Amendment Caucus. "That is far too long for women, Black and Brown folks, LGBTQ+ people, and other marginalized groups to wait for constitutional gender equality—and we refuse to wait any longer."
Pressley (D-Mass.) said: "I am proud to launch the ERA Caucus with my sister-in-service Congresswoman Bush to affirm the Equal Rights Amendment as the 28th Amendment to the Constitution, establish gender equality as a national priority, and center our most vulnerable and marginalized communities, who stand to benefit the most."
\u201cToday, @AyannaPressley and I are launching the ERA Caucus \u2014 100 years after the Equal Rights Amendment was first introduced in Congress.\n\nWe are joining forces to make sure that equality becomes enshrined in the supreme law of our land.\n\nEquality is overdue.\u201d— Cori Bush (@Cori Bush) 1680030712
Caucus member Rep. Summer Lee (D-Penn.) said that "it's not shocking that when the Constitution was first drafted, women, Black, Brown, queer, and marginalized folks were intentionally written out. What is shocking is that in 2023, our Constitution still does not include equal rights regardless of sex—meaning our Constitution still does not reflect or protect all people."
"To the right-wing politicians and judges waging a full-on assault on the rights of women and queer youth, we're not afraid and we won't be silenced," Lee added. "We're organized and mobilized to make equal rights the law of the land."
After passing the House in 1971 and the Senate the following year, the ERA was submitted to the states for ratification. Congress set a March 1979 deadline for ratification; only 35 of the requisite 38 states approved the proposal by that time. Although the deadline was extended until 1982, no more states ratified the amendment and several state legislatures voted to rescind their ratifications.
\u201cThrilled to join @RepCori and @RepPressley today to found @ERACaucus and fight for gender equality. Women were deliberately left out of the Constitution, but with the #EqualRightsAmendment, we can guarantee equal rights for all people under the law.\u201d— Judy Chu (@Judy Chu) 1680029701
A 21st-century effort to revive the ERA saw Nevada, Illinois, and Virginia approve the measure in recent years. Supporters say 38 states have now backed the ERA, although there is uncertainty over the expired deadlines and rescinded ratifications.
Pressley's office said that in addition to affirming the ERA, the new congressional caucus will "raise awareness in Congress to establish constitutional gender equality as a national priority; partner with an inclusive intergenerational, multiracial coalition of advocates, activists, scholars, organizers, and public figures; and center the people who stand to benefit the most from gender equality, including Black and Brown women, LGBTQ+ people, people seeking abortion care, and other marginalized groups."
\u201cA century after the #EqualRightsAmendment was introduced, we\u2019re still waiting. \n\nAs a Vice Chair on the @DemWomenCaucus, I applaud @RepCori and @RepPressley for launching the @ERACaucus. \n\nLet\u2019s get it done. #ERANow\u201d— Rep. Teresa Leger Fern\u00e1ndez (@Rep. Teresa Leger Fern\u00e1ndez) 1680041462
In a Tuesday interview with The Hill, Pressley said she was "thinking a lot about my 14-year-old daughter, Cora, and how I do not want her to continue to live in a country in a world where we have so conflated and normalized the disparate treatment and outcomes and disparate access and the second-class status it is to be a woman in this society."
"I look forward to the day when calendars will say and on this day in history, the ERA caucus was established," she added, "but I really look forward to the day when our calendars will say on this day in history, the ERA was passed."