A program on the most recent lawsuit to get the Equal Rights Amendment to finally be added to the U.S. Constitution as the 28th Amendment after women have been fighting for it for over 100 years. Of 193 countries in the UN, 165 or them have an equal Rights Amendment guaranteeing the rights of women in their Constitutions. The United States does not.

Our guests will be long time fighters for the Equal Rights Amendment: Renowned Attorney Wendy Murphy, who twice filed suit against the Biden Administration for its failure to publish the ERA--and Kamala Lopez, founder of Equal Means Equal, which is the plaintiff in the current suit. We will be discussing the suit, where it stands and what you can do--and later in the program we will be taking listener phone calls at (212) 209-2877.

HISTORY OF THE EQUAL RIGHTS AMENDMENT

In 1923, suffragist Alice Paul, wrote the EQUAL RIGHTS AMENDMENT and introduced it to Congress. Embraced by Republicans and Democrats alike, ERA was considered a commonsense resolution to the Constitution’s shortcomings. Yet even with bipartisan backing, it was only voted on twice. For over fifty years, the ERA struggled to see the light of day.

Then in 1972, after years of hard-fought work by millions of American women and their allies, the ERA passed in both houses of Congress and was supported by Republican President Richard Nixon, who signed it and sent the amendment to the states. 35 states went on to pass the ERA by 1977; three states short of the 38-state requirement for full ratification by three-fourths of the states. However an arbitrary time limit was placed on the passage to the Amendment and conservatives launched a huge scare campaign about it and only 35 states ratified in time.

At present, many legal scholars and organizations have come out for the time limit being invalid, noting that it is in the pre-amble and not part of the actual amendment. The American Bar Association, legal scholar Lawrence Tribe and many other legal experts back this interpretation. Feminist have waged campaign to get the three state ratifications necessary for passage and have succeeded. Legislatures in three more states ratified, the last one in 2020, when Viginia became the 38th state to ratify, leaving only its 'publication' necessary for the ERA to become officially the 28th Amendment.

In an unprecedented action that interfered with the clear letter of the law, the Trump administration directed the U.S. Archivist to not publish ERA. To date, the ERA remains in limbo, unpublished and unenforced despite clearly fulfilling all requirements for adoption as outlined in the U.S. Constitution. President Joe Biden, who could have instructed the U.S. Archivist to publish the ERA, thus making it law--failed to do so.

WHY THE ERA IS IMPORTANT

The ERA is critical to addressing — and ending — the many inequities that affect women, from pay disparities to ending gender-based violence. Its passage would immediately address issues such as: WAGE DISCRIMINATION –DOMESTIC VIOLENCE, RAPE & SEXUAL ASSAULT and REPRODUCTIVE RIGHTS as well as other areas.

There are presently hundreds of State and Local laws on the books that would violate the Equal Rights Amendment. Once adopted, states will have to correct any and all laws and policies that violate Americans’ rights to equal protections and rights regardless of sex. Under the ERA, harm done to women will be seen as much more serious than ever before. With increasing penalties and repercussions, the substantive effects of sex discrimination for women on the ground throughout our society will begin to improve dramatically.

We are closer than at any time in American history to adopting and enforcing the ERA as the 28th amendment to our United States Constitution.

THE PRESENT COURT CASE THAT INVOLVES THE E.R.A.

There is presently a lawsuit that could force recognition on the ERA that may come before the Supreme Court, called Equal Means Equal vs Trump. It challenges a current case put forth by men's rights groups that is making its way toward the Supreme Court: The National Coalition for Men v. Selective Service System. Another related case, Valame v. Trump, is also pending before the Court.

For several years, public discussion surrounding Selective Service litigation has largely focused on whether men are treated unfairly because only men are required to register for the draft. Equal Means Equal vs Trump says that there is another question that deserves equal attention:

"If women are expected to serve, fight, and die alongside men, should women continue to be denied full constitutional equality?"

The brief argues that women’s interests are not adequately represented in the current litigation landscape and that EQUAL MEANS EQUAL v. Trump is uniquely positioned to present the constitutional arguments that directly affect women.

Unlike the men’s-rights cases currently moving through the courts, EQUAL MEANS EQUAL v. Trump raises the broader issue of women’s constitutional status and asks whether sex-based classifications should continue to receive weaker constitutional protection than other forms of discrimination.

The filing urges the Supreme Court to ensure that women’s constitutional equality claims are not sidelined as these issues move toward possible review.

CURRENT NEWS: A COALITION OF WOMEN’S ORGANIZATIONS

On May 29th, an amicus brief -- or 'friend of the Court' -- filing was led by National Women Veterans United, the International Association of Military Women of Color, and the National Women’s Political Caucus, with support from numerous additional organizations representing veterans, women’s rights advocates, medical professionals, civil rights advocates, and community organizations across the country. The coalition includes women who have served in the military, women veterans organizations, and advocates who believe that women deserve a direct voice in any litigation that could shape the future of constitutional sex equality in the United States.

THE ROAD AHEAD

The Supreme Court is currently considering whether to review National Coalition for Men v. Selective Service System and Valame v. Trump, is also pending before the Court. Whether the Court grants review remains unknown.

What is now clear is that women veterans and women’s rights organizations have formally asked the Supreme Court not to determine the future of sex-equality law without hearing the strongest constitutional arguments on behalf of women.

The filing comes just weeks before Women Veterans Day events being organized in Chicago on June 12, 2026, where veterans, advocates, and constitutional equality supporters will gather to discuss the future of women’s constitutional rights and the ongoing litigation surrounding sex equality and military service.

To learn more about EQUAL MEANS EQUAL v. Trump and access related legal filings, visit equalmeansequal.org.

OUR PROGRAM

After our Feminist News segment, we will feature as guests: Reknowned Civil Rights Attorney Wendy Murphy and the founder of Equal Means Equal, Kamala Lopez. We will discuss the issues of the case, the meaning of the ERA and why it is needed and take listener phone calls.

KAMALA LOPEZ BIO

Actress, filmmaker, activist & President of Heroica Films, launched the movement and documentary film both named: Equal Means Equal, to educate Americans about the importance of equal rights under federal law for women and complete the ratification of the Equal Rights Amendment to the U.S. Constitution. Non-stop organizer for the ERA.

WENDY MURPHY BIO

Wendy Murphy teaches Sexual Violence and Law Reform at New England
Law|Boston, where she also co-directs the Women's and Children's
Advocacy Project (WCAP). Her litigation in the area of campus sexual assault, beginning in the early 1990s, includes groundbreaking victories against Harvard College in 2002, and Harvard Law School and Princeton University in 2010, which cases led to widespread awareness and reforms, and produced the well-known April 2011 Dear Colleague Letter. (Obama Admin).

In January 7, 2020, WCAP filed a federal lawsuit in the United States District Court for the District of Massachusetts to ensure validation of the Equal Rights Amendment (ERA)
in the aftermath of ratification by Virginia as the 38th and last state needed to
add the ERA as the 28th Amendment to the United States Constitution.

Wendy is an impact litigator whose work in state and federal courts has
changed the law to better protect the constitutional and civil rights of abused
women and children.

She has worked for NBC, CBS, CNN and Fox News. She regularly provides legal analysis for network and cable news
programs.

FEMINIST NEWS ROUNDUP STORIES

This week's Feminist News stories will include:

The recent mapping, finally, of all of the nerve endings of the clitoris (it's only 28 years after the nerve endings of the penis got mapped!); a story on the increase in child marriage in Gaza as a (false) means of surviving impossible conditions in that destroyed city; and, lastly, the newly launched openly fascist campaign for President of Greg Bovino, (former ICE official) with its "Appeal to Men".