Update on Today’s ERA Hearing — What Happened and What Comes Next
Update on Today’s ERA Hearing — What Happened and What Comes Next
Update on Today’s ERA Hearing — What Happened and What Comes Next
March 24, 2026Joel Marshall
Today, we appeared in federal court in Boston for the hearing in Equal Means Equal v. Donald Trump.
We want to share a clear, immediate update on what happened — and what comes next.
The judge declined to recognize the Equal Rights Amendment as part of the Constitution. He did not rule on the merits of equality itself, but stated that he is bound by existing precedent and prior court decisions — even though those decisions were based on conditions that no longer exist.
Importantly, the court did not issue a final decision on the Selective Service claim. That issue has been taken under advisement, and a written ruling will follow.
While this outcome is not surprising, it is significant.
As argued in court, women today serve in combat and risk their lives for this country — yet are not recognized as equal under the Constitution. If the court ultimately upholds a system where women can be subject to military obligation without full constitutional equality, that contradiction strengthens the legal basis for appeal.
This case was always part of a longer strategy.
Today’s hearing ensured that our arguments are formally on the record — including:
That the Equal Rights Amendment meets the requirements of Article V
That sex-based discrimination persists in federal law
That constitutional equality must be enforced, not deferred
This case now moves forward — including the Selective Service claim still under review and the path to appeal clearly established.
If necessary, the next step would be an appeal to the U.S. Court of Appeals.
At the same time, our legal strategy does not depend on a single path. We are continuing to advance arguments under the Equal Protection Clause, including under the Fifth and Fourteenth Amendments, to demand full enforcement of equality under existing constitutional law.
This work continues — in the courts, and with your support.
