State-Level Equal Rights Amendments: A Shield Against Federal Shortcomings
This article was originally published on The Contrarian.
In recent times, the landscape of women’s rights, reproductive health, and LGBTQ protections has faced significant challenges, particularly under the Trump administration. In this context, state governors have increasingly become prominent figures in the fight for civil rights, standing in opposition to federal actions.
For instance, Maine Governor Janet Mills publicly challenged an executive order restricting transgender athletes from participating in women’s sports, asserting her intention to take legal action against such federal edicts. Meanwhile, former President Trump responded with calls for Mills to apologize on social media, while federal agencies intensified scrutiny on state practices, risking the withdrawal of federal funding.
An Expansive Defense of Rights
Similar to Maine, New York’s leadership has taken significant steps to fortify healthcare access. Governor Kathy Hochul declined to comply with a request to extradite a physician from New York who was charged with providing abortion pills to patients in Louisiana. Additionally, she enacted legislation allowing anonymity for physicians on prescription labels. Attorney General Letitia James has made it clear that all hospitals in New York must continue providing essential gender-affirming care for minors, aligning with the state’s commitment to protecting healthcare rights.
State-level Equal Rights Amendments (ERAs) represent a critical avenue for defending against the erosion of civil rights, potentially establishing a robust legal foundation for equality.
The Role of State ERAs
Among the tools available to policymakers are state-specific Equal Rights Amendments, which, unlike the elusive federal ERA, exist in varying forms across 29 states. These amendments generally provide expansive protections against sex discrimination that surpass federal statutes. With claims of abortion rights gaining traction in states like Pennsylvania, Connecticut, and New Mexico, many state ERAs include broad protections against issues such as pregnancy discrimination, age, disability, and immigration status. They can also influence broader concerns like pay transparency and addressing gender-based violence.
New York’s recently passed ERA—proposal 1—exemplifies this legislative movement. Its wording offers inclusive protections regarding sexual orientation, gender identity, reproductive rights, and numerous other factors. Similarly, Nevada’s ERA passed in 2022 contains comparable language aimed at safeguarding diverse rights.
Empowering Future Legislation
Ting Ting Cheng, director of the ERA Project at Columbia Law School, emphasizes the potential of leveraging state ERAs for enacting progressive policies. For example, current proposed legislation in New York aims to use its ERA to enhance abortion rights and broader reproductive healthcare access. Noteworthy components include:
- Mandating companies obtain consent before selling healthcare information.
- Allowing pharmacists to administer contraception injections.
- Ensuring all state contractors provide health insurance that includes breast cancer screenings.
- Implementing educational initiatives regarding menopause.
State ERAs can also bolster immigrant rights, providing crucial support amid escalating federal immigration measures.
Additionally, Cheng points to the support that ERAs can offer for immigrant rights policies. In New York, for instance, the state’s ERA enhances legislative efforts, such as the New York For All Act, which seeks to minimize local cooperation with federal immigration enforcement. By establishing clear boundaries, this initiative fosters trust between immigrant communities and law enforcement, while protecting sensitive personal data.
Lastly, Cheng notes that state ERAs can hold hospitals accountable. For instance, the proposed Hospital Transparency Act in New York would require hospitals to report limitations on services like abortion, contraceptive care, and gender-affirming treatments, ensuring that patients are properly informed about available healthcare options.
As advocacy for state-level ERAs gains momentum, similar to the post-Dobbs reproductive rights campaigns, these amendments could play an integral role in not just countering regressive federal policies but also in reimagining legislative frameworks aimed at advancing equality. A total of 29 states are positioned to harness the power of their ERAs to lead meaningful change for their residents and set a precedent nationally.
