“Gender equality is good for business,” says Maria Vullo, former New York’s Superintendent of Financial Services. “I was pleased to team up with my former colleagues at Paul, Weiss, Rifkind, Wharton & Garrison LLP to represent 93 US businesses in an amicus brief in support of the Equal Rights Amendment.”
This is no small feat. The 93 corporations include some of the largest and most influential in the world: Apple, Google, Twitter, Citigroup, Goldman Sachs, Morgan Stanley, and Estee Lauder, and athletic leagues like the NFL and the National Women’s Soccer League. The brief was filed on June 29th.
Referred to as the amici curiae, this diverse group of 93 corporations employ millions of women and men throughout the world. Not only are these firms united in their longstanding support for gender equality, they are also standing with the majority of Americans (80%) in support of the ERA.
Simply put, these firms recognize that eliminating systemic barriers that impede women’s economic and social advancement will result in a more just, vibrant, and productive country. Further, ratifying the ERA sends a powerful message about the nation’s commitment to sex equality—a message amici believe would be transformational for the American economy.
“What is historic here is that corporate America is saying that they are proudly supportive of gender equality, in the court case that will decide whether the ERA becomes the 28th Amendment to the US Constitution,” Vullo added. “Corporate America is saying the ERA should be – because gender equality is important for the US economy.”
The Equal Rights Amendment has a long history, over 50 years, in fact. First proposed in 1972, its original ratification timeframe was 1979, whereby a minimum of thirty-eight states had to ratify in order for the proposal to be added to the US Constitution. Although the deadline was then extended to 1982, still only 35 states ratified it by then. In recent years, Illinois and Nevada added their support and early this year, in January, Virginia became the 38th state. One month later, the House voted to remove the 1982 deadline, and the bill remains pending before the Republican-controlled Senate. However, the Attorneys General of the States of Virginia, Illinois and Nevada have filed suit against the U.S. Archivist, asserting that the amendment itself contains no deadline and there is no constitutionally imposed time limit for ratification. On this point, corporate America also agrees, by stating that the Archivist’s “inaction obstructed the realization of the People’s will.”
“I think we are in a very interesting and important time right now,” Vullo continues. “People are very focused on equality and social responsibility. Further, the COVID-19 pandemic has impacted women and people of color disproportionately in terms of loss of employment, healthcare, childcare and eldercare, and for those who remain employed, a significant percentage of women are essential workers.”
The impact of COVID-19 is specifically referred to in the business brief: ‘The novel coronavirus (“COVID-19”) pandemic, which has exposed and exacerbated systemic gender inequities in our society, demonstrates now, more than ever, the need for the ERA in the US Constitution.”
What’s next? It’s now up to the courts to decide whether the ERA becomes the 28th Amendment to the Constitution. With so many major corporations serving as signatories to a supporting amicus brief, the hope is that this voice will play a significant role in the conversation. Further, as stated in the brief: ‘Canada, Mexico, and the European Union are not outliers—we are. An overwhelming majority of the world’s constitutions—including virtually all developed nations—contain provisions guaranteeing equal rights or prohibiting discrimination on the basis of sex or gender.’
“It’s time to get this done in the US!” Vullo adds.