On November 5, 2024, New Yorkers made history by passing Proposal 1 (Prop 1). The New York State Equal Rights Amendment (ERA) now provides groundbreaking protections against discrimination based on ethnicity, national origin, age, disability, and sex—including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy. This victory represents a major step forward for women, LGBTQIA+ individuals, BIPOC, immigrants, and many other marginalized communities across the state.

With this historic state-level victory, attention has shifted to the federal Equal Rights Amendment (ERA).

The federal ERA is a proposed constitutional amendment that seeks to guarantee equal legal rights for all citizens, regardless of sex. Originally drafted in 1923 by suffragists Alice Paul and Crystal Eastman, the ERA was designed to enshrine gender equality in the U.S. Constitution as the next step following the adoption of the 19th Amendment, which secured women’s right to vote. Advocates believed that constitutional recognition of gender equality would address systemic barriers that perpetuated women’s second-class status throughout society.

Although the text of the amendment has evolved slightly over time, its core principle remains unchanged. The version approved by Congress in 1972 states:

“Equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex. The Congress shall have the power to enforce, by appropriate legislation, the provisions of this article.”

In 2020, Virginia became the 38th state to ratify the amendment, fulfilling the requirements outlined in Article V of the Constitution. However, legal debates about time limits in the amendment’s preamble have prevented its full ratification and publication.

Recent years have seen a resurgence of activism around gender equality, fueled by movements like the Women’s March, #MeToo, and record-breaking numbers of women elected to public office. This renewed momentum has placed the ERA back on the national agenda, with advocacy organizations like the ERA Coalition leading the charge.

In a historic milestone, President Biden declared, before leaving office in early 2025, that he considers the Equal Rights Amendment to be the 28th Amendment to the Constitution, calling it “the law of the land.” This declaration comes 102 years after the ERA’s initial introduction, marking significant progress in the fight for equality.

However, the work is far from over. The full publication of the amendment by the National Archivist remains an essential step to solidify its place in the Constitution. NOW-NYC is calling on our members and supporters to continue advocating for the ERA’s recognition and enforcement. Together, we can ensure that gender equality is fully realized, both in New York State and across the nation.