NAWL Joins Letter to President Biden to Certify the ERA Now

January 17, 2025 The National Association of Women Lawyers (NAWL) applauds President Biden's declaration recognizing the Equal Rights Amendment (ERA) as "the law of the land," which represents a victory for the countless advocates who have tirelessly championed gender equality. NAWL has been a steadfast supporter of ratification of the ERA since it was first introduced and was one of the first national organizations to endorse it. NAWL was present for its first reading at the National Women’s Conference in 1923 and subsequently printed the proposed Amendment in the Women Lawyers Journal that same year. When Congress finally passed the amendment in 1972, the campaign for ratification by the states became NAWL’s major project for the following decade. In 2020, NAWL issued its Resolution in Support of the Ratification of the ERA to the United States Constitution, committing to continue its advocacy. For over a century, the ERA has symbolized the fight for gender equality. As NAWL member Marguerite Rawalt poignantly noted in the Women Lawyers Journal in 1971, “Equal justice does not exist for women under the Constitution as interpreted to date. They are the one remaining ‘class’ and category not yet adjudged to come under the legal umbrella of the Constitution.” We will continue to work to fulfill the promise of equal justice for all citizens, regardless of sex and gender status.

December 16, 2024 The Honorable Joseph R. Biden, Jr. 1600 Pennsylvania Avenue, NW Washington, DC 20500 Re: An Urgent Call for Your Legacy Dear President Biden: This month marks 101 years since the Equal Rights Amendment (ERA) was first introduced in the US Congress. The ERA would constitutionally protect equality of rights under the law regardless of sex. While it has met all ratification requirements, the ERA remains to be added to the US Constitution. Publication of the ERA is essential for the restoration of reproductive rights and health care in our country, the enforcement of existing federal anti-discrimination laws, and the health of our democracy. On behalf of the League of Women Voters (the League), Shattering Glass, and the 141 undersigned organizations, we urge you to, in your last months serving as President of this nation, direct US Archivist Shogan to fulfill her statutory duty and certify and publish the Equal Rights Amendment as the 28th Amendment to the Constitution. Despite the significant legal and legislative advances made in recent decades, women and other Americans continue to face discrimination on the basis of sex, fundamentally undermining a central tenet of our democracy: equality. Under the US Supreme Court’s current interpretation of the Fourteenth Amendment’s Equal Protection Clause, sex discrimination claims are not subject to the same strict scrutiny standard as other protected classifications, such as race. The ramifications of applying a lower standard of review, heightened scrutiny, to sex discrimination claims are clear, including limited access to comprehensive health care, domestic violence, unequal pay, workplace harassment, pregnancy discrimination, discrimination against LGBTQIA+ individuals, and more. And with United States v. Skrmetti currently before the US Supreme Court, there is real and substantial risk that protection based on gender and gender identity under the Fourteenth Amendment’s Equal Protection Clause may be severely weakened or eliminated altogether. 1 Two and a half years ago, supporters of women’s, civil, and human rights watched in horror as the US Supreme Court overruled Roe v. Wade , overturning the federal constitutional right to abortion and stripping women and people who may become pregnant of a fundamental right they’d held for nearly 50 years. Today, abortion is entirely banned in 13 states — home to an estimated 17.8 million women of reproductive age — and banned before viability in another 11 states. 2 Researchers estimate that a nationwide abortion ban could lead to a 24% increase in pregnancy-related deaths and a 39% increase in pregnancy-related deaths among Black women. 3 Across our country, women who've survived a delay in vital care due to abortion bans have gut-wrenchingly recounted their stories, and journalists have reported the stories of women who’ve lost their lives. This politically manufactured crisis is unacceptable. Under your leadership, the Administration has worked to defend and increase the accessibility of FDA-approved medication abortion, defend emergency medical care and interstate travel, strengthen health data privacy, and share accurate reproductive rights information. Together with Vice President Harris, you made reproductive freedoms a cornerstone of the Presidential campaigns. In light of the incoming administration, each of these advances is under imminent threat. The publication of the ERA in the Constitution will provide a vital tool in the continued fight to protect, restore, and advance reproductive rights and justice- one that cannot just be rolled back with a change in government composition. In 2024, we saw the prospective impact of the ERA on reproductive rights. In January of this year, the Pennsylvania Supreme Court ruled that, under Pennsylvania’s ERA, which uses the same language as the federal ERA, abortion providers could challenge the state’s ban on Medicaid coverage for abortion as sex discrimination. 4 In March, a Nevada trial court also ruled that this Medicaid coverage ban violated Nevada’s ERA and, in September, required the state’s Medicaid program to cover abortion care services. 5 The Equal Rights Amendment could help protect and restore the right to abortion. Your legacy protecting women’s rights stretches back to your Senate days as a champion and author of the Violence Against Women Act (VAWA), the decades you’ve spent implementing and strengthening this legislation, and your time as President taking actions to address gender-based violence (GBV). As you know well from your years of service, intimate partner violence and GBV continue to be endemic in the United States. More than 40% of women have experienced violence or stalking by an intimate partner in their lifetime. 6 At the heart of VAWA was a provision for a civil remedy for victims of GBV to sue their attackers. When the US Supreme Court struck this down in 2000, it asserted that Congress lacked the constitutional authority to provide a civil remedy against perpetrators of gender-based violence under the Commerce Clause of Section 5 of the Fourteenth Amendment. 7 The Equal Rights Amendment would grant Congress the authority to pass laws addressing GBV. You also know the vital role that equality plays in striving to build a more perfect democracy. In 2023, you co-hosted the historic second Summit for Democracy, culminating in a Declaration enumerating several international commitments, including equal protection of women’s rights under law. 8 The past four Women’s Equality Days, your White House proclamation has spoken to enshrining the principle of gender equality in our Constitution. Mr. President, you have the power to make that happen. In August, the American Bar Association (ABA), the largest voluntary association of lawyers globally, with the mission of defending liberty and pursuing justice, held its annual meeting. There, the ABA adopted a resolution recognizing the Equal Rights Amendment as the 28th Amendment to the US Constitution and urged its implementation. In doing so, the ABA warned that, without the ERA, the US Supreme Court has indicated that Fourteenth Amendment sex-based equal protection is in “grave peril.” 9 In October, the American College of Obstetricians and Gynecologists, in coordination with six medical societies, called on your Administration to do everything in your power to finalize the Equal Rights Amendment to help realize the right to reproductive health care. 10 In November, the Reproductive Health Coalition, a wide range of health professional associations and reproductive justice and other allied organizations, led by the American Medical Women’s Association and Doctors for America, issued a statement urging you to direct publication of the Equal Rights Amendment to address the worsening healthcare crisis. 11 Today, 78% of Americans favor adding the Equal Rights Amendment to the Constitution. 12 We recognize the complexity of this issue. However, the continued punting of responsibility to formally recognize the only duly ratified constitutional amendment not to be added to the Constitution undermines the Constitution itself, the ratification rights of the states, the integrity of our democracy, and urgently, the liberties and lives of more than half of our population. The undersigned organizations implore you to move beyond politics to take swift action on this urgent issue before our democracy is further eroded and more lives are lost. We deeply appreciate the leadership and consistent commitment you have shown for sex and gender equality throughout your lifetime of public service. As we carry that mantle at a pivotal time in our history, we fervently implore you to seize this historic opportunity and enshrine sex equality into our Constitution. This can be your legacy. The health, rights, and future of our democracy depend on it. For questions, please reach out to Jessica Jones Capparell, director of government affairs at the League, (jjones@lwv.org), Rebecca Goldman, justice reform legislative and policy manager at the League (rgoldman@lwv.org), and Nicole Vorrasi Bates, executive director of Shattering Glass (nvbates@shatteringglass.org). Sincerely,

August 15, 2024 Sixty Years Later, DEI Advances the Ongoing Work of the Civil Rights Act of 1964 Bar Association Presidents from Across the Nation Call on Leaders to Double Down on DEI As presidents of the nation’s largest diverse national bar associations, we invite general counsel, law firm managing partners, leaders of government and nonprofit legal services organizations, and law school deans to stand with us as we fight for justice and opportunity for all. Your support and partnership are even more critical now given the attacks on diversity, equity, and inclusion (DEI) from some segments of our country. As lawyers, we are guardians of the rule of law and leaders in our communities and in local, state, and federal government. For these reasons and more, we ask that you continue to be strong advocates for DEI in our profession. Our work and efforts can also support the importance of DEI more broadly. Honoring the Legacy of the Civil Rights Act of 1964 This year marks the 60th anniversary of the Civil Rights Act of 1964. This sweeping Act did more to bring us closer to our ideals, that we are all are created equal, than any other legislation in our history, and it set the groundwork for landmark legislation that followed it such as the Americans with Disabilities Act (ADA). Although many Americans today might take for granted the significance of passing this legislation, it was a hard- fought victory. Most of us recall Dr. Martin Luther King, Jr.’s address at the 1963 March on Washington for Jobs and Freedom. His reference to “the fierce urgency of now” was intended to push President Kennedy and Congress to move on the stalled legislation. When the legislation finally passed, close to thirty percent of the House of the Representatives and the Senate voted against it. It is not lost on us that many of the states now passing anti-DEI legislation also included the bulk of the Representatives and Senators who opposed the Civil Rights Act of 1964. Progress Through Partnership As a nation, we have made significant progress in the past 60 years because of the blood, sweat, and tears of those who have come before us. In the past and continuing to this day, there have been Americans of goodwill who believe that we are a better nation when all Americans can aspire to their highest ambitions, including becoming President of the United States. DEI is Consistent with the Spirit of the Civil Rights Act of 1964 and Essential in Today’s Workplace Although some claim that DEI initiatives are illegal or unconstitutional, the vast majority of DEI initiatives are designed to increase access and opportunity, while minimizing bias and barriers. The work is fully consistent with the spirit and intent of the Civil Rights Act of 1964. It also brings greater meritocracy to our workplaces. How can there be meritocracy in workplaces if there are insufficient efforts to recruit exceptional talent from all communities, or when there is unintended bias in our processes related to hiring, work assignments, and promotions, or when some people have greater access to formal and informal networks that result in greater opportunities? These are just some examples of issues that DEI efforts are designed to address. Again, the overwhelming majority of DEI efforts are not only legal, but essential in today’s workplace. This is why it is critical to stand firm on the importance of DEI and be strong advocates in your corporations, law firms, and universities. Progress, but Much Work to Be Done Although we have made progress, there is still much work to do. According to the US Census Bureau and 2023 Gallup polling, communities of color presently represent about 41% and LGBTQ+ people represent about 7.6% of the US population. Individuals with disabilities currently represent more than one in five Americans. But recent studies from the American Bar Association, Minority Corporate Counsel Association, and the National Association for Law Placement (NALP) show that people of color only account for about 21% of lawyers in the US, 15% of Fortune 1000 general counsels, and 12% of law firm partners; likewise, LGBTQ+ people only account for 4.6% of lawyers in the US, and 2.6% of law firm partners. Individuals with disabilities account for only 1.4% of the legal profession and 1.1% of law firm partners. Further, according to studies from the American Bar Association and NALP, women comprised almost 50% of law school classes in 2000, yet today, women comprise less than 28% of law firm partners. Looking at these numbers, it’s impossible to conclude that we’ve achieved the type of success that would warrant pulling back on our efforts simply because there is opposition. Those who came before us faced even greater opposition and hostility. We owe it to them and those who are coming behind us to keep working to ensure a fairer workplace and more just nation. Allying Together for Greater Equality, Access, and Opportunity for All. Finally, there is an economic argument for supporting DEI. When all our communities do well, we have more people contributing to the economic growth and prosperity of our country. A rising tide lifts all boats. Whether our ancestors were this country’s indigenous people, or pilgrims on The Mayflower, or kidnapped Africans on slave ships, or freedom-searching immigrants arriving at Ellis Island or Angel Island, or any of the many others seeking refuge and a new life in a new land, we are all in the same boat now. We are all Americans. Our country is already one of the most diverse nations in the world, and it will continue to become even more diverse. And the exceptional achievements of our country, economically, militarily, and socially, are the result of people from all over the world who have come here and made this country home. As we move forward together, we can show the world what a pluralistic democracy can accomplish. Now is the time for leaders and people of goodwill to stand together for greater equality, access, and opportunity for all. Together we can ensure that America lives up to its ideals, where all people are created equal and have the opportunity to achieve the American dream.

MARCH 29, 2021: NAWL has joined the National Women’s Law Center, their law firm partner Linklaters LLP, and 30 other organizations including the Women’s Law Project, in filing an amicus brief in the Second Circuit Court of Appeals in support of Nicole Chase, a 27-year-old single mother and restaurant worker who was sexually assaulted by the restaurant’s owner. Our brief highlights the ways gender bias by law enforcement, including reliance on harmful sex-based stereotypes, not only leads to failures in sexual assault investigations but also compounds the trauma of sexual assault for survivors. The brief also discusses how gender bias in law enforcement’s response to sexual assault – as was clearly evidenced by the police in this case – may violate the Constitution’s protections against sex discrimination. 

On April 22, 2021, NAWL, along with the National Women's Law Center, our law firm partner Sidley Austin LLP and 50 other organizations, submitted an amicus brief to the Fourth Circuit in B.R. v. F.S.C.B. in support of a student sexual assault survivor. B.R. was 12 years old when she was repeatedly raped, tortured, and threatened with death by her middle school classmates. Although B.R. begged school officials to help her, they ignored her and even blamed her for her own mistreatment. Shortly before B.R. turned 20, she filed a lawsuit under the pseudonym “Jane Doe” against her school district and former classmates, alleging violations of Title IX and other laws. The school district responded that B.R. was required to file her Title IX lawsuit within two years of her eighteenth birthday. And even though B.R. did file her lawsuit within that period, the school district argued that her case must still be thrown out because she didn’t also get permission to use a pseudonym before she first filed her case. A federal district court in Virginia sided with B.R., allowing her to continue her lawsuit against her school using her initials. The court agreed with the school district that B.R. didn’t follow the process for using a pseudonym but decided that her case shouldn’t be thrown out based on this procedural technicality. The school district is now appealing this decision to the Fourth Circuit. Our brief points out that survivors—especially younger survivors—already face many barriers to reporting sexual abuse and that having the option to use a pseudonym is critical to their ability to seek justice through the courts. Sexual harassment affects far too many students, but the vast majority do not come forward. In grades 7-12, 56% of girls and 40% of boys are sexually harassed in a given school year, but less than 10% of them tell a teacher, guidance counselor, or other adult at school about it. More than one in five girls ages 14-18 are kissed or touched without their consent, but only 2% of them tell their school. There are so many reasons why most student survivors—especially those who were sexually assaulted as children—don’t come forward. In addition to feelings of shame, self-blame, and physical and mental trauma, many survivors are afraid of not being believed, facing retaliation by their abuser and peers, or getting in trouble with school administrators. And when they do come forward publicly, they often face further victimization and retaliation that can make the underlying trauma worse. This is why being able to use a pseudonym is so essential for survivors. Pseudonyms allow survivors to challenge the abuse they endured in court while giving them greater privacy, safety, and ability to heal. This is especially important to student victims today, given the risk of information going viral on social media or having Google search results that follow them for the rest of their lives. Survivors should never have to choose between protecting their privacy or seeking justice. And courts should not let unwritten procedural technicalities bar civil rights cases. Our brief also explains that B.R.’s school district is wrong about the law. First, even though B.R. didn’t ask for permission before using a pseudonym, the Supreme Court has ruled that these types of procedural technicalities should not result in lawsuits being dismissed. Second, Virginia’s timeframe for filing any kind of lawsuit about sexual assault against children is 20 years, not 2 years. So, either way, B.R.’s case must be allowed to continue. Supporting B.R. through this brief is just one of the ways NWLC is fighting for survivors’ rights during Sexual Assault Awareness Month. Check out our Survivor Champion Stories, which centers Black, Indigenous, people of color, trans and nonbinary survivors and advocates who have traditionally been left out of the conversation on survivor justice.re. To edit this text, click on it and delete this default text and start typing your own or paste your own from a different source. You can find the brief and updates here.