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'Where Are We?' One Week Before the Midterms, a Question None of Us Can Afford to Ignore - Ms. Magazine

The rights many of us assumed were settled are being rolled back. Institutions we assumed were permanent are being tested. A democracy is only as strong as the people who show up for it. This year showing up has never mattered more. There are many nonpartisan principles and values foundational to voting for a more just future … and one of them is the principle of equal rights for all. The Equal Rights Amendment was first proposed in 1923 and passed Congress in 1972. When Virginia ratified it in 2020, decades after Congress’ deadline, it became the 38th state to do so. Yet it has still not been certified and its legal status remains unresolved. Most people don’t realize the Constitution still does not explicitly guarantee equal rights regardless of sex. We do have important protections against sex discrimination. Title IX opened classrooms and playing fields to generations of girls. The Equal Pay Act and the Pregnancy Discrimination Act made it illegal to pay women less for the same work or push them out of their jobs for being pregnant. But these are laws, not constitutional rights. What one Congress passes, another can weaken or repeal. Their strength depends on whoever holds the majority. The Equal Rights Amendment would change that. It would place equality between women and men in the Constitution itself, pushing courts to treat sex discrimination with the same seriousness as other fundamental violations of our rights. Our progress would be far harder to roll back. Rights that can be repealed are not yet secure. When the rights of half the population can be rolled back, no one’s rights are secure. Artist and filmmaker Tiffany Shlain’s latest work traces the long fight for women’s equality and reminds us that the next chapter of feminist history is ours to write.

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Where Are We?
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Where Are We?