A better future for all depends on an equal future for women
In honor of the inauguration, Marie Claire's editorial series "Moving Forward" asks influential and politically active women to examine what the incoming administration must and can do to reconcile an increasingly divided country.
The deadly COVID-19 pandemic has ensured that 2020 will be etched in the history books as a devastating year for our country and the world. Tragically, 2021 got off to an even worse start with a second pandemic of lies, hatred, and inequality: the January 6 incendiary attack by a mob seeking to prevent a peaceful transfer of power was a calculated assault on our most cherished democratic values. Those who incited and empowered that mob seem to think that some votes are more important than others. I believe that notion is not only at odds with everything that has made this country a beacon of hope, it is downright regressive. We must, at this moment, actively affirm in every corner of this country the central principle and highest ideal of our founding: equality.
Numerous studies have shown that women suffered more than men when pandemics exploded across the United States. They faced increased unemployment (opens in new tab), wage cuts, double work due to the virtualization of schools, and price increases for necessities. And black women, Latino women, single mothers, institutionalized older women, and women with disabilities were hardest hit on all economic and health indicators.
The pandemic spotlighted underlying problems that we have yet to solve, such as institutional racism, overpriced and inaccessible health care, crumbling public health infrastructure, and rampant gender discrimination.
In all the problems we face, we must move beyond band-aid solutions and temporary solutions. Women and all marginalized genders need equality before the law. This can only be ensured by adding an Equal Rights Amendment (ERA) to the Constitution.
We have faced too many injustices and setbacks without it.
As ERA Coalition President Carol Jenkins has previously stated (opens in new tab), women were "intentionally left out of consideration" when the Constitution was enacted and "have paid the price in rights, protections and remedies ever since." Women deserve the respect and legal guarantees that come with ensuring gender equality in the legal documents of our nation's founding.
Having women's equality enshrined in our Constitution means that we can finally achieve justice for women in the workplace, in the courts, and beyond. We have long fought for equal pay for equal work, dating back to before the Equal Pay Act of 1963. But permanent wage equality cannot be implemented unless women's equal rights are built into the Constitution.
Nothing is more basic and essential to human dignity than protection from domestic violence and sexual assault. Yet, as evidenced by the recent increase in intimate partner violence, our country has lagged behind in the development of basic protective measures for women and girls. In fact, without the ERA, key parts of the Violence Against Women Act (VAWA) were found unconstitutional by the Supreme Court; in 1994, Congress included the right to sue perpetrators in the Violence Against Women Act. However, when a woman named Christy Brzonkala attempted to exercise that right, the Supreme Court dismissed her case and found the provision unconstitutional.
The benefits of the ERA extend to more than just women. Benefits that currently apply primarily to women would not be taken away, but extended to all. In the workplace, paid parental leave would be granted to all, and some veterans' benefits would be extended to men. It would also combat gender-based pricing ("pink" and "blue" taxes) in goods and services, insurance premiums, and retirement plans.
Ratifying the ERA will empower legislators like myself at the federal, state and local levels to enact laws that protect our fundamental freedoms and rights.
Vice President-elect Kamala Harris said early in her presidential campaign that she would use the ERA as an important tool in the pursuit of economic justice, making the ERA her first order of business: "When women's economic status rises, the economic status of their children and families rises, neighborhoods and communities rise, and society as a whole benefits.
Thankfully, most of the work on the ERA front is already done. In addition to the support of incoming Vice President Harris, President-elect Biden has also put the ERA front and center in his "Agenda for Women." I am hopeful that once this team is created in the White House, we will finally be able to accomplish the work that our forefathers began 100 years ago.
I have been a leading advocate for the ERA in every Congress since I first took the oath of office in 1993, working to build momentum and support for this important constitutional amendment. And now, thanks to the work of advocates across the country and the strength of the feminist movement, like the Women's March around the world, we have finally reached the 38-state threshold for the ERA to become the 28th Amendment to the Constitution The ERA was ratified in Nevada in 2017, followed by Illinois in 2018 It was ratified in Illinois in 2018. And in January 2020, Virginia became the last 38th state needed for ratification, led by an amazing black woman in both the Virginia House of Delegates and Senate.
Unfortunately, the Trump administration blocked the final step in the process and the ERA remains stalled.
Now, as we welcome the new Biden-Harris administration, we hope that as a nation we can finally turn the page and begin the work again to make this country a fairer union, one that serves all its citizens and ensures equality, respect, and justice for all. In addressing the issues exposed by this unprecedented pandemic, President-elect Biden and Vice President-elect Harris can act quickly to give Congress the Equal Rights Amendment, a necessary tool to protect women and all marginalized genders. By acting immediately to withdraw the Trump administration's legal memo preventing the National Archives from completing the amendment process, they will allow the Archives to certify final state ratification and officially reprint the Constitution with the ERA as the 28th Amendment.
By enshrining gender equality in the Constitution, the ERA is the foundational legal document of our nation and sends a clear message that our new President and this country are committed to equality for all. We can use this law to fulfill a century-old promise and build the equitable future we all deserve.
Congresswoman Carolyn B. Maloney was elected to the New York State Assembly for the 12th District. She was the first woman to represent a congressional district, the first woman to represent a congressional district, and the first woman to chair the Oversight and Reform Committee.
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