The US Constitution does not explicitly prohibit sex discrimination, which means that our basic rights and freedoms hang in jeopardy.

President Biden has one month left in office, and there is a concrete step that he can take to codify essential protections for women, girls, and the LGBTQ+ community: He must instruct the National Archivist to publish and certify the Equal Rights Amendment (ERA) as the 28th Amendment to the Constitution.

Putting the ERA into the Constitution will provide a clear and explicit prohibition against discrimination on the basis of sex and would help ensure no one faces discrimination because of their gender. The ERA would help protect against injustices like gender-based violence and unequal pay for women, and it could strengthen protections for access to reproductive healthcare including abortion, birth control, and IVF, as well as gender-affirming care.

The Constitution ensures that Jews and religious minorities can live free from discrimination based on their faith, but it does not include the same protections for women and the LGBTQ+ community to live free from sex discrimination. Both of these protections are essential. National Council of Jewish Women has been fighting for the ERA for 100 years. When we mobilized for women’s suffrage, we were also mobilizing for equal rights. The ERA is essential to ensure that everyone is treated with fairness and dignity under the law.

Equal rights can’t wait. We demand that President Biden publish the ERA before leaving office.

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