Courtesy of the The Sy Syms Journalistic Excellence Program
2023
Hitting a Reset Button on the ERA: Seneca Falls 100 Years Later By: Natalie Novakova | August 30, 2023 When Rosie Couture, co-founder of the youth-led movement Generation Ratify, whose mission is to advance gender equality in the US, arrived in Seneca Falls for the Equal Rights Amendment’s Centennial Convention this summer, she was moved by the enormity of the other young people who attended. “This is the first time that I found a political home,” Couture reflects. “I feel like these people, this community, really get me and are here to support me and take action.” In all, more than 100 people gathered in Seneca Falls on July 21, 2023, to commemorate the 100-year-long struggle to publish the Equal Rights Amendment (ERA) and build a youth-led intersectional movement for the next generation. HERSTORY When Alice Paul first introduced the previously named Lucretia Mott Amendment in 1923 in the same location, excitement was in the air. The Amendment, which would guarantee equal rights for women throughout the US, was introduced to Congress later that year and gained momentum after garnering support from the National Women’s Party. But one hundred years later, the now-named ERA is still awaiting publication and, today, younger generations are taking the lead in these efforts. A Pivotal Moment Following the Supreme Court’s reversal of the Constitutional right to abortion by overturning the Dobbs. vs. Jackson Women’s Health Organization decision in 2022, there has been an increased urgency to publish the ERA. “There’s clearly a very critical need for something like the ERA and the language of the ERA to be put in the Constitution to explicitly protect women, sexual minorities, and also just the idea of bodily autonomy,” says Ting Ting Cheng, the director of Equal Rights Amendment Project at Columbia Law School’s
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Center for Gender and Sexuality Law. According to Cheng, more young people, in addition to women, are becoming increasingly anxious about the new restraints recently instituted in the US political system’s democracy. She adds that young people are being driven by anger over fundamental rights that have been upheld for the past 50 years, which are now being taken away from them “almost on a whim”. However, many young people believe there is still a lot to be hopeful for, due to the growing ERA movement, especially within the last five years. One of the major achievements occurred when Virginia became the 38th final state to ratify the Amendment in 2020. “Not only did that obviously spark a lot of interest in getting an abortion amendment added to state constitutions, but also led to getting some state ERAs on constitutions,” says Belan Yeshigeta, co-founder of the Generation Ratify. In March, the first-ever Congressional Equal Rights Amendment Caucus was held, aiming to affirm the ERA as the 28th Amendment. Leaders including Congresswoman Ayanna Pressley and Congresswoman Cori Bush, along with representatives Becca Balint, Nanette Barragan, and others, gathered to advocate for creating an inclusive ERA. “That’s a really beautiful moment to be in because now we know that a lot of our leaders in Congress are aligned with people on the ground who are advocating for the same kind of ERA that is equally expansive and inclusive,” Couture adds.
Part of the efforts made by Generation Ratify and other movements is to build the ERA momentum by creating a youth-led movement that aims to bridge the generational gap and make the movement more intersectional through events like the Seneca Falls Convention, which brought together advocates and leaders across the country. “This moment feels really different, and the movement feels different,” Couture continues. “This energy feels different in this commitment, especially from young people. It just feels like we’re gonna win.” Education As The New Approach The optimism that comes from youth-led Generation Ratify and its leaders are rooted in their ‘state of emergency’ platform. “They stand to gain the most and lose the most from these kinds of political battles that impact their full participation in the democracy based on gender,” Cheng says. Cheng highlights that the recent attacks on young generations’ progressive values and the attempts to restrict curriculum have generated a greater desire for pushback. This is reflected in the goal to develop a gender justice curriculum and build more educational resources around the ERA to include all people in the Constitution. As part of this initiative, the ERA Project launched a fiveweek workshop series that included scholars, thinkers, writers, activists, lawyers, and youth movement leaders who broke down numerous issues important to the movement. Additionally, they are developing a curriculum to complement the workshop series, which aims to help young people think about the ERA in their local communities by creating partnerships and engaging in their environment. “I think we’re here to both support them, uplift their message, and also be their partners in the movement going forward,” Cheng adds. With the support of the ERA Project and other partners, Generation Ratify plans to expand its current base of 13,000 members and raise a new generation of ERA activists. Its leaders say that following the Centennial Convention, as well as the six-hour-long shutdown of Constitution Avenue in Washington DC on Monday, July 24, 2023 (during which two young activists were arrested), many new members have been brought into the movement. “Our entire purpose is trying to figure out how to support these young people in taking action in their communities and using that power that they’re generating on the local state level to build a federal movement,” Couture says. Doing so would require rebooting the organizing network by launching a cohort that brings together young feminists who want to take action, and how to pass state resolutions proactively. Yeshigeta adds that they want to make sure that young people in their communities feel connected to the
movement no matter where they are located. “We want the ERA to be something that everyone is aware of, and people are keeping on the top of their minds, even post-ratification, post-certification, and publication,” she says. What needs to happen next? To achieve this, the leaders of Generation Ratify have a long way to go, given that only 30% of Americans are even aware that women aren’t equal under the Constitution, according to the Data for Progress poll released in May 2022. “I don’t think there’s been a lot of change in the way that people are encountering the ERA,” says Yeshigeta, who first heard about the ERA from Couture as a high school student. Many young people often learn about it briefly in high school advance placement (AP) classes, but it is often not followed up by in-depth conversations about why it matters. “So, we really are working to change that,” she says. Part of this effort is to use education, including curriculum and workshops designed by the ERA Project, to bridge the awareness gap. “The challenge next is to reach these groups and individuals that aren’t as plugged into general politics and aren’t organizing with another movement already,” says Couture, which she hopes to achieve through community organizing and school tours. In conjunction with education and raising awareness, several other steps are being taken at both state and federal levels. “The ERA has to do with top-down reform. The highest-level thing needs to happen and, from there, other rights will flow down from it,” says Cheng. There are still questions about the federal ERA and its perceived legitimacy process, which is currently under dispute, given the ERA deadline expired in 1982 and the last three state ratifications occurred after the deadline. Statelevel ERAs currently exist in Alaska, California, Colorado, Connecticut, Delaware, Florida, Hawaii, Illinois, Iowa, Maryland, Massachusetts, Montana, Nevada, New Hampshire, New Mexico, Oregon, Pennsylvania, Texas, Utah, Virginia, Washington, and Wyoming. According to Cheng, young people who live in states lacking reproductive rights and gender-based protections need to feel supported and guided about how they can organize together to support this crucial issue. “It could start with just a conversation about mutual aid,” she says. On the federal level, members of Congress and other state legislators need to possess the appropriate legal expertise to put pressure on this issue and move it forward in Congress. “We’ve got a long way to go,” says Couture. But, as Cheng says, “The Seneca Falls Centennial Convention felt like hitting a reset button on many things”.
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The ERA: There is Nothing to Fear but Fear Itself By: Natalie Novakova | October 26, 2023
Fear is a word that has historically triggered a powerful human response. In politics, it is often weaponized as fear-mongering, a manipulative strategy politicians employ to instill fear through disseminating exaggerated rumors of danger, especially during significant political events. Understanding this tactic involves grasping its underlying theory, which recognizes our evolutionary history and instinct to focus on danger. Various social agents, including some news media, political campaigners, social reformers, and advertisers exploit fear for public attention. This can lead individuals to develop distorted perceptions of the world, potentially bolstering support for radical political agendas. As the 2023 United States elections and the 2024 U.S. Presidential elections approach, Republicans have intensified the use of this tactic to secure support and further divide the voting public. One instance is its opposition to publishing the Equal Rights Amendment (ERA). FALSE FEAR SURROUNDING THE ERA The ERA, which simply states that “equality of rights under the
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law shall not be denied or abridged by the United States or by any state on account of sex,” has, and continues, to face many obstacles to its publication. Historically, passage required ratification by 38 states by a 1982 ratification deadline. Although this initial requirement was not met, 38 states have since ratified the ERA. Despite this, significant challenges persist, with opponents disseminating unfounded fears to prevent the ERA’s publication. PHYLLIS SCHLAFLY: ‘SWEETHEART’ OF THE SILENT MAJORITY This is nothing new. Opposition to the ERA can be traced back to Phyllis Schlafly – a conservative activist and lawyer – who organized the “Stop ERA” movement, successfully preventing its ratification in 1972. The STOP ERA movement – “Stop Taking Our Privileges” – originated from Schlafly’s belief in “family values” deeply rooted in conservative religious sentiment. She opposed gender equality, advocated traditional gender roles, and contended that physical attributes should dictate the social roles of women and men. Schlafly also expressed concerns about potential moral and societal decline resulting from changes to women’s traditional roles. “What I am defending is the real rights of women,” Schlafly
declared then. “A woman should have the right to be in the home as a wife and mother.” Instilling fear was Schlafly’s primary campaign tool against the ERA, women’s equality. She opposed various forms of feminism, abortion rights, and gay rights, demonstrating how fear could influence people to vote against their best interests. However, Schlafly ignored the fact that the ERA actually aimed to provide women with a choice regarding their futures, rather than removing their rights as wives and mothers. SEX DISCRIMINATION BY INSURANCE COMPANIES Women have encountered, and still confront, discrimination not only within the personal sphere but also within the public domain, notably stemming from biases embedded in insurance industry premiums. “The insurance industry overcharges women for annuities, life insurance, and various insurance products. They make a lot of money through sex discrimination,” says Katherine Spillar, the Executive Director of Feminist Majority Foundation, a non-profit organization dedicated to women’s equality, reproductive health, and non-violence. If the ERA were to be published, insurance companies and regulators would be forced to cease gender-based discriminatory practices targeting women. This would lead to reductions in elevated premium rates for women in many types of insurance and annuities, potentially prompting concerns about the need to recalibrate these rates to align with those offered to men. ‘STARTING OVER’ One of the pathways suggested to finally publish the ERA involves a ‘starting over’ process which, in the current political climate, presents a challenge, necessitating approval by two-thirds of each chamber of Congress and ratification by three-quarters of state legislatures. “The people who point to starting over are the opponents of the Equal Rights Amendment,” remarked Nicole Vorrasi Bates, the Executive Director of Shattering Glass, a non-profit organization dedicated to gender equality. FEAR ABOUT ABORTION AND LGBTQ+ RIGHTS Reproductive rights are taking center stage for conservatives in their opposition to the ERA, with Republicans using fearmongering to deflect attention and induce panic. “The two issues they raised were that the Equal Rights Amendment would permit abortion on demand up until birth and they were concerned about women’s sports and bathrooms and prisons, and all of this amounted to nothing more than fear-mongering,” Bates continued. “There’s real opposition organized against it, and they have great influence with some of these senators and House members. They have to be exposed, and we have to be smarter,” Spillar adds. She also agrees opponents capitalize on fears of reinstating abortion rights to hinder ERA implementation. Conservatives are leveraging yet another fear tactic to advance their agenda by fostering anxiety about LGBTQ+ equality, which has led to a surge in the introduction of anti-trans bills across the United States. This has taken various forms, including restricting drag performances and book readings in the presence of children,
limiting in-school discussions about sexual orientation, and fueling debates about transgender bathroom policies. FIRST FEMALE ARCHIVIST There is a sign that things might undergo a slight shift with Colleen Shogan’s historic appointment as the first woman U.S. Archivist. However, it’s not certain that she will wield direct influence over the publication of the ERA, given that President Biden has previously refused to instruct his archivists to publish it. “I think she’s going to be very lucky to be the archivist when the Equal Rights Amendment is finally added to the Constitution, and she gets to officially publish it,” Spillar says, envisioning it as a proud moment for the newly appointed archivist. Bates also stresses the need for President Biden to direct the archivist to publish the ERA, thereby resolving the issues raised by the Trump LLC memo from January 2020, which blocked the former archivist from doing so. LEGISLATING AGAINST PEOPLE’S WILL Just like his predecessor, however, President Biden has not supported publication of the ERA, so both Democrats and Republicans find themselves on the same side of the issue, despite not openly admitting it. “The Trump administration, and currently the Biden administration, have effectively become the judge, jury, and potential executioner of the Equal Rights Amendment,” Bates pointed out. While the reasons behind Republican resistance to the ERA publication were clearly stated, the motives behind Democratic obstruction remain unclear, despite overwhelming public support for the Amendment. This perplexing situation is, as Bates describes it, “the million-dollar question.” It raises concerns about legislators not aligning with the will of the people. “A very large majority of women and men in this country, including Republicans and Independents and Democrats, huge numbers support the Equal Rights Amendment being added to the Constitution,” Spillar adds. She finds it tragic and unfortunate that candidates who advocate for women’s rights, abortion, and the ERA are not making better use of these issues in their election campaigns. ONGOING DEBATE The ongoing debate surrounding the ERA underscores the broader issues of sex equality, women’s rights, LGBTQ+ rights, and the use of fear as a political tactic, all of which continue to shape the political landscape in the United States. Whether about abortion rights, LGBTQ+ rights, or various facets of gender equality, opponents of the ERA have resorted to fear-mongering to instill panic and hinder progress. The success of this tactic will ultimately depend on how candidates incorporate the ERA into their own agendas to win over voters. “People can’t be pro-equality, pro women’s rights, pro LGBTQ+ rights, pro-choice, unless you are calling for the immediate publication of the Equal Rights Amendment,” Bates concludes. “The opponents are literally fear-mongering in an effort to stop the Equal Rights Amendment.”
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Roe, Rahimi, and the ERA By: Natalie Novakova | December 17, 2023 On June 24, 2022, the U.S. Supreme Court ruled that the US Constitution does not guarantee the legal right to abortion (Dobbs v. Jackson Women’s Health Organization). Also on that day, Victoria Nourse, a Georgetown University Law Center professor, received a frantic phone call from her daughter asking whether our country can criminalize abortion. She replied, “Well, unfortunately, yes, they can.” And so they did. But it didn’t stop there. Reversing Progress: What’s at stake in US v. Rahimi? When the Supreme Court rolled back decades of sex equality progress by overturning Roe v. Wade, many other gender justice rights also came under threat. This represented the topic of discussion at the ERA Project at Columbia Law School’s October 30th panel discussion: Gender-based Violence & the ERA: A Discussion About Sex Equality & United States v. Rahimi. Specifically referring to the decision in New York State Rifle Association v Bruen, the court altered the Second Amendment standard, imposing a more limited test, which allows the court to completely disregard women’s rights as victims of domestic violence. The US Supreme Court’s decisions in both cases have further implications for other pending decisions, including the ongoing case in the US v. Rahimi, which pertains to gun rights and the Second Amendment. In this case, Zackey Rahimi was convicted for violating a protective order issued against him by his ex-girlfriend, whom he threatened, as well as for possessing a gun, which is prohibited under federal law for those under a domestic violence protective order. Rahimi challenged this federal law, citing Second Amendment protections. This case is now being heard by the Supreme Court. There is a lot at stake with this case, according to Julie Goldscheid, Professor of Law at CUNY School of Law, not just in terms of what it means for gun regulation, but also about how Bruen will be interpreted. “The case illustrates much about how gender bias is baked into our culture,” Goldscheid says. Further, the ERA would empower Congress to robustly enforce gender equality and prioritize gender-based violence as a compelling public interest, thereby granting Congress new and stronger authority to pass laws addressing genderbased violence by promoting sex equality. Conversely, without specific sex equality protections in the text of the Constitution, the Supreme Court will continue to ignore some of the most
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fundamental forms of sex-based inequality and violence. Additionally, the ERA’s explicit mandate guaranteeing that rights “shall not be denied or abridged by any state on the basis of sex” would bring the Constitution into alignment with modern constitutions around the world by creating a duty for state actors to affirmatively address gender-based violence, especially where there has been a pattern of similar violence as in the Rahimi case. Essentially, the selective failure to enforce laws addressing gender-based violence would be a denial of rights on the basis of sex, and would therefore violate the ERA. In 2022, nearly 92 percent of women killed by guns in highincome countries live in the US, primarily due to intimate partner violence. Women also experience domestic violence at double the rate of men, with about one in four experiencing it in their lifetimes. “When you combine intimate partner violence with guns, it’s a deadly combination,” Goldscheid continues Yet the ERA has the power to change the law, according to scholars. “While the law is never enough to eliminate discrimination and bias, this gives us an opportunity to think about how the law could recognize and take more effective steps to remedy gender violence, gender bias, and other forms of bias,” Goldscheid adds. Originalism’s Impact One of the key issues at hand pertains to gender bias in legal
interpretation. Bruen’s alteration of the text to focus on a nation’s tradition and history indicates a growing prevalence of originalism. Professor Nourse explains that originalism isn’t an old movement but rather a modern one, increasingly more reflected in the court’s rulings. “Rahimi is part of that long history of judges being very skeptical about the existence of domestic violence and sexual assault with refusing to believe survivors, downgrading it as trivial,” Nourse adds. “Our current legal frameworks allow these gendered assumptions and gender and race and other related biases to remain invisible,” Goldscheid contends. Two Takeaways On Nov. 7, 2023, the Supreme Court held oral arguments in U.S. v. Rahimi, resulting in two key takeaways. Liberalleaning Justices Kagan and Jackson criticized the originalist standard set by Bruen in 2022, expressing their concerns
about its application in cases related to domestic violence and women’s rights, while conservative-leaning Justices Alito and Roberts seemed to trivialize domestic violence concerns, also questioning the legitimacy of protective orders, suggesting that they are carelessly handed out by judges. A written decision is expected to be handed down by the Supreme Court in the spring of 2024. “All too often the only difference between a battered woman and a dead woman is the presence of a gun,” said Senator Paul Wellstone in 1996. Twenty-seven years later, this quote holds true, repeated by Solicitor General Elizabeth Prelogar during oral arguments at the Supreme Court in November 2023. There is a lot at stake in this case, which only serves to further address the urgency of adding the ERA to the US Constitution. “The case really illustrates so much about how gender bias is baked into our culture,” Goldscheid concludes.
To view the recording of the webinar, click here: https://www.youtube.com/watch?v=wshqbpVtScw&t=40s
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Navigating Sex Equality Under the ERA: Balancing Inclusion and Legal Scope By: Sheetal Banchariya | September 18, 2023 In the landscape of gender advocacy and social justice, ongoing discussions about the expansive nature of gender terminology and the legal implications of sex discrimination have brought the Equal Rights Amendment (ERA) into the spotlight. The ERA aims to eliminate sex-based discrimination and has garnered support for its intent. However, the evolving understanding of gender dynamics has led to complex debates over the inclusion and legal scope of the proposed amendment. ‘Sex Discrimination’ as a Term Bettina Hager, DC Director of the ERA Coalition and Fund for Women’s Equality, delved into the intricate intersection of legal definitions and social perceptions. “In the advocacy and social justice world, gender is the more expansive term, but legally, sex is an expansive term, and includes gender,” Hager explained. She emphasized the nuanced interpretation of sex discrimination, which encompasses both biological sex and gender identity, acknowledging that discrimination often arises from stereotypes linked to both aspects. This intricate interpretation transgresses the conventional boundaries of gender and reaches into the lives of transgender individuals grappling with bias stemming from non-conformity to these stereotypes. The legal domain carves out a space for such protection, underscoring the depth of the term “sex” in antidiscrimination laws. “The reason we’re not advocating for a shift to the term ‘gender’ is rooted in the concept of legal jurisprudence, also known as precedent. This term has been historically linked to ‘sex discrimination’ and has protected transgender individuals. We don’t know how gender discrimination would be interpreted by the courts,” Hager added. Ting Ting Cheng, Director of the ERA Project at Columbia University Law School, added that since the US has the oldest Constitution in the world, it’s also the hardest one to change. Hence, we need a modern way of expressing equality in this country. “In 2020, the Supreme Court already told us that the definition of sex also includes beyond just the binary women and men,” Cheng said. “It also includes gender minorities, gender expression, and gender identity. The exciting thing about the ERA,” she continued. “is that it’s closer than ever to being a part of the Constitution and being interpreted by courts and Congress to embrace the concept of equality that also includes sexual minorities and LGBTQ+ communities.” Jennifer Tucker, Senior Policy Consultant at the ERA Coalition, also peeled back the layers of legal terminology and its wider implications by spotlighting the coherence 8 | TEEN VOICES
between gender and sex within prevailing laws, like Title VII (governing employment) and Title IX (safeguarding educational institutions). These legislative cornerstones, which primarily use the term “sex,” intend to encompass the full spectrum of gender identity and expression. But the harmony in the language isn’t always mirrored in comprehension, stoking the debate over whether explicit inclusion of “gender discrimination” is warranted. “All of the existing laws use sex, although everybody is protected against discrimination based on sex, whether it’s gender, or whatever,” Tucker clarifies. She added that existing laws focus on protection against discrimination based on sex, which encompasses genderrelated issues. These laws apply to various contexts, ensuring safeguards against gender-based discrimination, Tucker explained, underlining that established legislation recognizes the broader context of gender dynamics. “If the courts or if someone were to say that discrimination against transgender people is not covered under sex discrimination and is covered under gender discrimination, then all of those Titles (such as VII and IX) would have to be reopened. That’s going to be a really hard fight. Even the trans community is always nervous when you open up these Titles because the fear is then that the protections that currently exist could actually be weakened in other areas,” Hager added. Balancing Terminology Without Eroding Existing Protections Should the ERA encompass “gender discrimination” as a distinct clause? The ERA Coalition confronts this complexity head-on. It grapples with the dichotomy between advancing transgender rights through tailored language and preserving the protective armature that decades of “sex discrimination” legislation have erected. It forms an intricate tango between identity acknowledgement and legal safeguarding ensues. “After the 2016 election, we considered the possibility of starting anew with a more expansive, inclusive bill.” Hager continues. “Notably, however, legal scholars were the ones
who introduced the distinction, not us. Gender discrimination wasn’t isolated as a separate category; rather, the language was carefully crafted to clarify that gender discrimination could be encompassed within sex discrimination. The phrasing centered on ‘sex,’ with parentheses including elements like sexual orientation, gender identity, pregnancy, race, and ethnicity for added clarity. The goal was enhanced clarity. Therefore, while within the social justice and gender equality community we do employ ‘sex and gender equality’ for effective communication, we understand the nuanced nature of these terms, ensuring a more inclusive dialogue.” LGBTQ+ and the ERA: Partners in Progress The conversation widens to the evolving landscape of LGBTQ+ rights and the ERA’s symbiotic role in amplifying these rights. Zakiya Thomas, President and CEO of the ERA Coalition and the Fund for Women’s Equality, stressed that the ERA’s transformational power extends beyond legislation, catalyzing a cultural sea change that permeates societal perception. But progress isn’t linear. The ERA Coalition grapples with the crosscurrents of anti-trans laws mushrooming across states, which inject volatility into the ERA’s journey, raising the spectre of counterproductive outcomes. Hager admits that unity holds the antidote to this divisiveness. In a bid to neutralize the opposition’s strategy of division, the ERA Coalition is fostering unified messaging across an array of movements – from LGBTQ+ advocacy to reproductive justice. Thomas stressed the necessity of unity among marginalized communities to counter divisive tactics used by the opposition. “We need to make sure that everyone understands that we’re all together in this fight. Any attack on one of us is an attack on all of us,” Thomas affirmed, underlining the importance of collaboration among different advocacy groups. Bamby Salcedo, President & Chief Executive Officer of TransLatin@Coalition, passionately addresses the prevailing misperception surrounding the Equal Rights Amendment (ERA): “Many people have the misconception that the ERA is focused on women, but it is for equal rights. We are trying to advocate for constitutional protection.” She underscores the urgency of enlightening the current generation: “We need to do a better job of creating consciousness about the ERA. This generation needs education about the ERA.” Salcedo highlights a key challenge, pointing out the lack of financial support for lobbying: “One of the challenges that continue to happen is lack of investment in supporting this work as those in the philanthropy sphere do not fund lobbying activities.” Salcedo’s vision of the ERA’s potential impact on transgender rights is profound: “Having federal protection certainly can improve the healthcare, employment, and housing conditions for transgender people.” The ERA’s Future: Endurance and Collaboration Yet the most pressing question is: What lies ahead? The ERA Coalition’s marathon pursuit has endured for over a century. The road to this pivotal amendment has been marred by
complexity, political maneuvering, and shifting cultural paradigms. The realist in the room acknowledges that change won’t be instantaneous. “It will happen fast for us and be sudden for the world,” Thomas mused. The optimism that buoys this endeavor is grounded in the unprecedented support garnered and the winds of change that seem to be gathering strength. As the ERA Coalition persists in its endeavors, its members remain steadfast in their determination to secure constitutional equality. “We’re just not going to let people get away with not moving this forward. So in all of our efforts that we’re making, we’re putting pressure on the archivist to do something, putting pressure on the President to do something,” Hager emphasized. Tucker expressed optimism about the future, noting that the ERA’s passage may occur unexpectedly but will be a transformative moment for gender equality. “The more we as the ERA Coalition step up for the rights of all of our partners and all of our allies in this fight, the more the other individuals and other groups realize the importance of our issue and how that impacts their lives in their day-to-day existence.” A 100-Year Struggle Nears the Summit As the nation evolves and conversations around gender, identity, and equality flourish, the fight to turn the ERA into a federal protection for everyone is also gaining momentum. Armed with fervor and fortified by the diversity within its ranks, equal rights advocates are embarking on an audacious journey to engrave gender equality into the Constitution. “We need a democratic majority in Congress to lift the procedural hurdles to the ERA, which is honestly within their power to do. It’s not magic. It’s just a simple act of legislation. We need a Supreme Court that can interpret this like the Warren Court. A Supreme Court that can do that once again and really, fully deliver on the promise of democracy and make sure that equality is inclusive of everyone,” Cheng The journey is fraught with legal intricacies, political hurdles, and cultural shifts, but within the movement’s DNA is a resolve that history will eventually bend toward justice. The curtain may soon rise on an era where the ERA isn’t just an aspiration but a cornerstone of a more inclusive and equitable society. WOMEN’S ENEWS | 9
Shaping Tomorrow’s Workplaces: Gender Equality, the ERA, and the Future of Work By: Sheetal Banchariya | October 12, 2023 In a world characterized by the relentless march of technology and the ever-evolving landscape of work, there exists a profound and pressing mission: the attainment of genuine gender equality. Picture, if you will, the story of Jerame Davis, a man who, back in 1999, faced the harsh reality of being fired for simply being queer.
Today, he serves as the executive director for Pride at Work, advocating for LGBTQ+ union members’ rights. But, previously, he lived in Indiana, a state where it was perfectly legal to dismiss anyone based on their real or perceived sexual orientation. As Davis recalls, “We had absolutely no protections on the state or federal level.” While the city of Bloomington, where he resided, had an ordinance against sexual orientation discrimination, it had no enforceability due to state law superseding local law. Now, imagine if the Equal Rights Amendment (ERA) had been in force during that tumultuous time. It’s arguable that Davis would have had a solid discrimination case to bring to court against his employer. “Without that protection, no lawyer would take our case and no social justice organization—except one—would take up our cause,” Davis explains. Faced with this daunting reality, Davis and his fellow male employees who were fired embarked on a courageous campaign to battle their employer in the court of public opinion. With the support of Pride at Work and its union family, they organized rallies, pickets, press conferences, and engaged with news outlets around the world. When the dust finally settled, they didn’t manage to reclaim their jobs, but they did secure a modest financial settlement from the employer. “They had no obligation to settle, and the campaign took a toll on us all,” Davis admits. Each had to then relocate to find employment, and they invested countless resources, both personal and financial, to print flyers, purchase sign-making materials, and undertake the myriad of tasks required for such an arduous campaign. “No one should have to ever do that again,” Davis passionately asserts, explaining why he has since dedicated his life to fighting for justice. The incident that made him an activist revealed the dire need for legal safeguards. With the ERA in
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place, such blatant discrimination could be far more easily remedied through the courts. Davis’s story is not an isolated case. Studies consistently reveal that members of the LGBTQIA+ community continue to grapple with discrimination in the workplace. A 2021 study, “LGBT People’s Experiences of Workplace Discrimination and Harassment,” conducted by the Williams Institute at the University of California, Los Angeles, School of Law, paints a disheartening picture: 46 percent of LGBTQ workers reported experiencing unfair treatment in their careers due to their sexual orientation or gender identity. Christy Mallory, who contributed to this study and continues to research this subject, notes that despite advances in employment non-discrimination laws and growing protections, LGBTQ people still endure discrimination in the workplace. Over 30 percent have experienced some form of discrimination or harassment within the past five years. Moreover, the study uncovers disparities within the LGBTQ community. LGBTQ employees of color and transgender
individuals often face higher rates of discrimination and harassment than their white and LGBTQ counterparts. Being “out” in the workplace also makes a significant difference, with those who are open about their LGBTQ identity more likely to report experiencing discrimination and harassment. Recent data from the Household Pulse Survey (HPS), spanning from July 2021 to April 2022, also reveals a significant gap in employment income loss between LGBTQ individuals and their non-LGBTQ counterparts. During this period, LGBTQ individuals were more likely to report that either they or someone in their household had experienced a loss of employment income in the past four weeks. Specifically, 21 percent of LGBTQ respondents acknowledged facing such financial challenges, compared to 15 percent among nonLGBTQ individuals. These disparities are even more pronounced when considering LGBTQ respondents of color, with 26 percent reporting income loss, and transgender respondents, where a notable 29 percent faced similar challenges. What is particularly noteworthy is that this trend has persisted over the past year, highlighting the unique economic hurdles faced by these communities. Davis firmly believes that the ERA would substantially bolster cases involving transgender and non-binary individuals. “Discrimination against them is inherently gender-based, and the ERA would equip courts with the authority to scrutinize such cases with the highest level of legal scrutiny. Discrimination would remain legal only if a compelling state interest could be demonstrated.” In the pursuit of workplace equality, it’s not just the overt discrimination that warrants our attention; it’s also the insidious, subtle biases that affect marginalized groups, especially LGBTQI+ individuals. Discrimination is not always glaring; it can be covert, masked by stereotypes, and perpetuated by the absence of concrete evidence. “We haven’t necessarily studied all forms of discrimination in a systematic way. But through the story gathering we did in conjunction with the survey, various instances of discrimination emerged. These included individuals being misgendered, experiencing slurs associated with LGBTQ status, or hearing such slurs used in the workplace, even if not directed at them personally,” Mallory added. Discussing these subtle forms of discrimination is crucial because they perpetuate systemic biases, particularly concerning gender identity and sexual orientation. They can manifest as biased decision-making in hiring, promotions, or day-to-day interactions. Without a clear legal framework
like the ERA to address these covert forms of discrimination, marginalized groups continue to navigate a workplace landscape tainted by prejudice and stereotypes. Marginalized voices often bear the brunt of this concealed discrimination, facing hurdles that are less visible but equally detrimental. For LGBTQI+ individuals, the workplace can be a breeding ground for microaggressions and implicit biases. It leads to an uncomfortable environment for LGBTQ individuals and impacts their ability to perform well at work. The ERA’s potential to reshape legal interpretations is not limited to overt discrimination; it extends to tackling these more elusive biases that silently erode workplace equality. By shedding light on these concealed injustices, it is possible to take a step closer to realizing a future where every individual, regardless of their gender identity or sexual orientation, can thrive in a workplace free from discrimination, both blatant and subtle. The ERA can also be a crucial milestone in addressing issues such as the gender pay gap and the representation of women and LGBTQIA+ individuals in leadership positions. As Davis puts it, “Having a constitutional underpinning for gender equality protections will be pivotal.” While progress is being made, the ERA could supercharge the movement, making it unequivocally clear that gender equality is the law of the land. The current reliance on an inconsistent patchwork of laws and a politically influenced court system to expand gender-based rights is less than ideal. The ERA’s ratification would reshape this system, providing a clearer path to equality. Congresswoman Ayanna Pressley, Co-Chair of the Equal Rights Amendment (ERA) Caucus, has been a fervent advocate for the ERA’s ratification. In July 2023, she led her colleagues in filing a “discharge petition” aimed at compelling the House to vote on H.J. Res. 25, a joint resolution to affirm the ERA’s ratification and enshrine it as the 28th Amendment. Under House rules, if a discharge petition garners the signatures of 218 House members, it must be brought before the full chamber for a vote, regardless of any objections or attempts by GOP leadership to block the legislation from being considered. “Nearly 100 years since the Equal Rights Amendment was first introduced, our broad, diverse, and intersectional movement is using every tool available to get the ERA over the finish line and enshrine gender equality into our Constitution,” declares Rep. Pressley. “Our Republican colleagues have the opportunity, once again, to stand on the right side of history and support the dignity, humanity, and equality of every person who calls America home. They must meet the moment.”
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The ERA: A Beacon of Hope for Transgender Healthcare By: Sheetal Banchariya | November 29, 2023 In the intricate terrain of transgender healthcare access, the journey towards gender-affirming care is fraught with challenges. In a landmark settlement on August 23, 2023, Makyyla Holland, a 25-year-old Black transgender woman, achieved a significant victory against Broome County following a harrowing ordeal at the Broome County Jail in 2021. Ms. Holland, represented by the Transgender Legal Defense & Education Fund (TLDEF), the New York Civil Liberties Union (NYCLU), and pro bono counsel Paul, Weiss, Rifkind, Wharton & Garrison LLP, filed a lawsuit in 2022 against the county for the egregious violence, denial of medical care, and discrimination she endured due to her transgender identity. The case exposed instances of discrimination based on sex, transgender status, anrad disability, including physical abuse, illegal strip searches, improper housing, and denial of essential medications, underscoring the urgency of systemic change to protect the rights and well-being of transgender individuals in custody. Holland’s case reflects levels of discrimination faced by incarcerated transgender people, but in the complex landscape of healthcare access for transgender individuals, significant challenges persist, impeding the path to gender-affirming care. In a 2021 study conducted by the liberal think tank, the Center for American Progress (CAP), it was revealed that almost 50% of transgender individuals, and 68% of transgender individuals belonging to ethnic minorities, disclosed instances of mistreatment from medical providers within one year of the preceding the 2020 survey. This mistreatment encompassed refusal of care, as well as verbal and physical abuse. The survey further identified that such discrimination had a lasting impact on healthcare-seeking behavior, with 28% of transgender individuals, including 22% of those from ethnic minorities, acknowledging that they had either postponed or completely foregone necessary medical care due to the apprehension of facing discrimination. Recent events have attested to an alarming surge in attacks on transgender and gender-affirming health care at the state level. Amidst these challenges, this recent landmark settlement in Broome County, New York, stands as a beacon of legal advocacy for transgender rights, shedding light on the critical need for comprehensive legal support in safeguarding the healthcare rights of the transgender community. While victories such as the Broome County settlement mark progress, legal challenges persist. Discrimination, healthcare disparities, and civil rights violations highlight the pressing need for comprehensive legal support to ensure widespread access to gender-affirming care. Maeve DuVally’s personal journey echoes this struggle, offering a firsthand account of
12 | TEEN VOICES
the challenges faced by transgender individuals. DuVally, a longtime Goldman Sachs executive, transitioned to a woman after coming out in 2018. Living in New York, she shares positive experiences in supportive environments but acknowledges the broader challenges faced by the transgender community nationwide. “I live in New York and frequently visit Provincetown in Massachusetts, a gay enclave, and Los Angeles. I prefer staying in West Hollywood, a queer area, where transgender people are generally treated equally, which makes me feel good. Despite this, I occasionally feel guilty about not being in places where transgender individuals face inequality and expressed a desire to do more for the community.” She has written about her journey extensively in her memoir, Maeve Rising: Coming Out Trans in Corporate America. DuVally emphasizes, “I think that every transgender person should have access to the same care, regardless of where they are.” The Equal Rights Amendment Nicole Vorrasi Bates, Founder and Executive Director of Shattering Glass, emphasizes the legal significance of the Equal Rights Amendment (ERA), which provides a crucial tool to counteract attacks on the rights of the LGBTQ+ community, including ongoing legal battles in states like Tennessee and Kentucky regarding gender-affirming care bans. The ERA, if enacted, could elevate these cases to a higher level of scrutiny, significantly impacting the chances of success. “With the Equal Rights Amendment, you get strict scrutiny, and that’s a big difference. It goes from a 20% chance of winning and defeating the bans to a 73% chance of winning,” Bates says.
But Bates doesn’t view the ERA solely through a legal lens. For her, it’s not just a legal instrument but a powerful message to society. “I think the most important thing for me about getting the Equal Rights Amendment into the Constitution…we’re sending a message that everyone is equal. We will not tolerate these actions, these laws that treat people like they’re less than a complete person,” she adds. Amidst these challenges, the Equal Rights Amendment (ERA) emerges as a potential beacon of hope. With its historical significance and potential federal impact, the ERA could play a crucial role in addressing threats to gender-affirming care. Ongoing efforts to include transgender rights under the ERA signal a pivotal step towards securing equal rights for all. DuVally’s story adds a personal dimension, emphasizing the urgency of legal protections to ensure equitable access to healthcare for transgender individuals across the nation. “Access to gender-affirming care is not a luxury; it’s a necessity,” DuVally continues. The battle for transgender rights is not merely a legal struggle but a societal debate reflected in the perspectives of organizations and advocates. Supporters emphasize gender-affirming care as a fundamental right, while opponents seek restrictive
measures. Legal and policy developments play a pivotal role in shaping the narrative and protecting transgender individuals’ rights. DuVally’s advice is to prioritize access to mental health care alongside community support, highlighting the complex nature of the coming-out process. However, she acknowledges the disparities in healthcare access across different regions of the country. “The mental health aspect is often overlooked, but it’s a crucial part of the journey. Support should be holistic,” she stresses. The potential impact of the ERA and continued legal and policy advocacy remains crucial in forging a path towards a future where transgender individuals can access genderaffirming care without discrimination or barriers. The fight for transgender rights is not just a legal battle; it is a call to recognize and respect the inherent dignity and rights of every individual, regardless of their gender identity. DuVally’s personal journey, with its triumphs and challenges, reflects the broader struggle for equality and acceptance within the transgender community, underscoring the need for legal protections and societal understanding. “Our journey is not just about ourselves; it’s about creating a more inclusive and accepting world for everyone,” she concludes.
About the Sy Syms 2023 Fellows: Natalie Novakova and Sheetal Banchariya are both 2023 graduates of the Columbia School of Journalism Graduate School. Natalie identifies as cisgender, and Sheetal identifies as transgender.
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would like to thank
the Sy Syms Foundation for its funding of the
Sy Syms Journalistic Excellence Program at Women’s eNews, providing editorial and development opportunities for editorial interns in the pursuit of journalistic excellence.