August 12, 2021

On Women’s Equality Day 2021 Rise Up and Demand Equality

By Kamala, Natalie, Wendy, Thila, Rebecca and the EME team

It’s a critical summer for women’s equality and we hope we can count on you to join us in this urgent call to action. EME has just filed its latest appeal in its relentless battle to establish Women’s constitutional equality and validate the ERA and will co-sponsor a rally in Washington D.C. on August 26th to push Biden/Harris to do the right thing once and for all.

Our “en banc” petition is an appeal to the full First Circuit – which is the federal appellate court responsible for federal cases filed in Massachusetts and several surrounding states.

Our case involves questions of exceptional importance. It asks whether our nation’s foundational document has been amended to include the Equal Rights Amendment (ERA) as the Twenty-Eighth Amendment to the U.S. Constitution.

As EME’s Legal Counsel, Wendy Murphy explains, “The focus of this brief is on the fact that the three-judge panel that decided our case in June ruled that we have no standing to sue on behalf of Women about the Archivist’s unlawful refusal to publish the ERA.”

“The court’s ruling is irreconcilable with a case from the Ninth Circuit which granted NOW standing to sue on behalf of Women in the exact same type of case back in 1980 when there were legal challenges to the extension of the ERA’s purported deadline. If NOW had standing on behalf of Women as a class in that case, then Equal Means Equal has standing on behalf of Women as a class in this case,” Wendy concludes.

On Thursday August 26th, Women’s “Equality” Day, there will be a rally for the ERA outside the U.S. Supreme Court from noon to 1pm est.

EME joins multiple organizations as a co-sponsor in this urgent effort to finally bring mass public attention to this national shame and exert pressure on Biden/Harris and the DOJ to direct the Archivist to publish the ERA immediately.

It is imperative that anyone who is able to go, be there in person.  If you can go, please let us know and we will get you signs and anything else you need. If you cannot be there, please help amplify the event however you can.

EME is heartened by the increasing unity, growing voice and direct action surrounding ERA.  Here are portions of a letter the ERA Coalition is sending to Attorney General Merrick Garland on behalf of the multiple organizations sponsoring this #Rally4ERA:

“When Virginia became the 38th state to ratify the ERA on January 27, 2020, all constitutional requirements for the ERA to become the 28th Amendment to the U.S. Constitution were satisfied. Yet, the ERA has not been published by the Archivist, who is deferring to a January 6, 2020 opinion issued by the previous Administration’s Office of Legal Counsel.

We believe that in issuing its 2020 opinion on the Equal Rights Amendment, the OLC demonstrated an overreach of power by the Executive Branch in an effort to apparently serve the Administration’s political agenda. The Constitution does not give any power to the Executive Branch during the amending process. The rights of all Americans should not be obstructed because of this misstep. You have the unique opportunity to correct this error and let history be made.” – Carol Jenkins, President and CEO of the ERA Coalition

Equality warriors, the finish line is in sight!
Let us make sure that the Appellate Court does not have the luxury of being able to continue to rule against American women in the dark.  Show up, rise up, fight back and let it be known that we will not have our equal rights stolen from us after over a hundred years of struggle.

Thank you, as always for your support and commitment.

If you have any questions, please contact us at info@equalmeansequal.com or reach out to Wendy Murphy directly by email: wmurphy[AT]nesl.edu.

We will not be deterred.  Equal means Equal.

Staying strong,

Kamala, Natalie, Wendy, Thila, Rebecca and EME team