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DailyClout Opinion
Opinion

ERA Linked to Potential Roe v. Wade Overturn

June 7, 2022 • by Wendy Murphy, JD
ERA Linked to Potential Roe v. Wade Overturn
Women in America have never enjoyed basic equality and full Equal Protection of the laws because they were excluded from the Fourteenth Amendment’s guarantee of Equal Protection of the laws in 1868.
While Women have gained many rights since then, none are subject to fully equal protection because Women still lack full constitutional equality today.
To fix the Fourteenth Amendment, Women filed their own constitutional amendment in 1923. Known as the Equal Rights Amendment, or ERA, it states that “equality of rights under the law shall not be denied or abridged by the United States or by any state on account of sex.” The ERA was passed by Congress in 1972 and ratified by the last necessary state in January 2020.
After the last state ratified the ERA in 2020, the Trump administration blocked it on a technicality and prevented it from being added to our Constitution as the 28th Amendment. The Trump administration also fought against the ERA in two federal lawsuits (one filed by me). Women were then encouraged to vote for Biden/Harris during the 2020 presidential election because they claimed to support Women’s equality, but when Biden took office in 2021, his administration continued to block the ERA and continued to fight against it in the two federal lawsuits.
Both lawsuits were ultimately dismissed on standing grounds. One of the cases is still pending on appeal before the D.C. Circuit Court of Appeals – the second highest court in the land.
It is widely expected the court will rule against Women and prevent the ERA from being added to the Constitution.
The Supreme Court’s recent threat to overturn Roe v. Wade is connected to the ERA in a very important way because if the ERA were in place, the Supreme Court would never be able to overturn it. Without Equal Protection of all laws, including reproductive rights laws, Women cannot be assured that any rights will ever be equally *enforced* on their behalf by any court.

To protect Roe and all rights for Women, three new lawsuits were recently filed in New York, Rhode Island, and Michigan. These daring cases ask the courts to establish Women’s full legal equality once and for all, validate the ERA and ensure for the first time ever that Women’s reproductive rights are grounded in a guarantee of full and Equal Protection against reversal by any Supreme Court, now or in the future.

Please support these lawsuits and spread the word so that others can help. Mainstream media other than Bloomberg News is refusing to publicize these cases even as the Supreme Court’s decision looms and media coverage about the Court’s decision is prolific. The American people speak through the states and they have made clear that they want the ERA added to the Constitution. Over 90% of people support the ERA but few understand how important the ERA is to the protection of reproductive rights. All branches of the federal government and both major political parties have usurped the will of the people by blocking the ERA. These lawsuits were filed in state courts rather than federal courts to send a loud and clear message that this country was established as a democratic republic, with shared powers between the national and state governments. The national government has blocked the ERA; the states now have a chance to unblock it and ensure full and equal rights for half the population for the first time in history!

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Wendy Murphy, JD, impact litigator specializing in women’s constitutional and civil rights.

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This DailyClout article is the writer’s opinion.
One of our country’s most important freedoms is that of free speech.
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abortion body ERA pro abortion pro life reproduction Roe V Wade
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15 replies added

  1. jan June 9, 2022 Log in to Reply

    Wow! Why is the Daily Clout so concerned about babies aborted and damaged by the vaccine but promotes babies being killed by legal abortion? This makes no sense! It is the same thing. Human babies being killed by someone else!

  2. TheReal AngieChrist June 9, 2022 Log in to Reply

    I appreciate the insights of the Daily Clout. I only wish you had saved me the effort, but I need to find out for myself anyway, lol, but what is the reasoning for both parties to block this legislation? Is there an angle I’m missing here? Most people I know regardless of political stance, agree that women should have equal rights. Equal rights for all humans under the law, right? All the other comments here are right-wing, emotional thinkers dragging the unborn into it, as if the woman suddenly has no rights once the cells collide. I think the logical point to make the distinction is the halfway point. We must make an effort to think with reason, rather than emotion, and then also focus on alternatives so women have options beyond abortion, but that would require a close examination of the money trail- the financial incentives of all entities involved. I believe the truth of the industry will be most effective in swaying public opinion, but when discourse is shut down with emotional shreeking, everyone loses. TY again to the Daily Clout for making a difference out there 🙂

  3. Josephine Macken June 10, 2022 Log in to Reply

    Interestingly I did not think I was emotional when I wrote the previous comment. Yes, we are the product of the collision of two haploid cells, resulting in a distinctive human life, and having a set of inalienable rights. Unfortunately we cannot shy away from talking about the unborn when we talk about Roe V Wade. They are at the center of the action. Their lives are at stake. Abortion is an act of denying the little one’s existence. Being denied existence is the ultimate violation. All other rights cannot exist if the most fundamental right is denied, that is, the right to life. I can assure you I am saying all this without being emotional. But there is nothing wrong to be emotional either. It only makes us more human. Also, I would like to point out that right wing does not inform conscience.

  4. Jon June 10, 2022 Log in to Reply

    Agree with the majority. Love Naomi and the fight for medical autonomy. And against destructive Pfizer. However, I did know that she’s a feminist and pro-abortion (along with this author) And I find that most ironic. I heard her in mild tears on War Room regarding the harm to mothers and babies. Correct. Good for her. But how then can we champion the slicing and evacuating of the same life by a doctor? The two ideas cannot reasonably exist in the same mind. In any case, I’d support feminists a lot more (not my ideals as I’m Christian) if they fought for the unborn future feminists instead of radically protesting the right to destroy them. Motherhood is a gift from God. So fighting against death jabs should be exactly as fervent as death by doctor’s scalpel. Women may not logically pick and choose. The Constitution protects the life and liberty of the individual. This including every human being- yes at conception. It’s very simple and most people know this. What I will accept is doing more for scared mothers, holding irresponsible fathers to account, and promoting adoption. We can’t let a law take care of these situations. Good people must win hearts. I would pray scared or considering mothers would be swayed by love and options. Peace to all of you.

  5. Bluelagoon June 10, 2022 Log in to Reply

    Why is this article on Daily Clout? I’m disappointed In you Naomi! Tell me the difference in Pfizer and other murderous vaccines and Roe v Wade? You have lost me.

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