Certifying the ERA would give Feminist Urbanism teeth

In January, Trump, a convicted sexual abuser and proud misogynist, will return to the White House as president. Before this happens many are saying President Biden must certify the Equal Rights Amendment (ERA) to give women and nonbinary people a legal footing in the U.S. Constitution. 

“First proposed in 1923, the ERA is a constitutional amendment that, if formally recognized as the 28th Amendment, would make sex-based equality explicit in the U.S. Constitution for the first time.”—Center for American Progress

The decision of Biden to act (or not act) could directly impact urbanists’ ability to dismantle patriarchal practices in urbanism. 

“We need the ERA now more than ever—and we are only one signature away from making it a permanent part of our nation’s Constitution. It’s a permanent tool to build a gender-equitable future, and President Biden should put it in place, while he has the chance.”— Kate Kelly, The Progressive

Without constitutional protection for gender equity, the policies shaping our cities—housing, recreation, and transportation—will continue to neglect the needs of working-class women, marginalized genders, and the historically excluded. 

“[L]ives are on the line” if the ERA is not passed. “—states Missouri Congressperson Cori Bush in the Hill

Eighty-five percent of United Nations member countries have constitutions that explicitly prohibit discrimination based on sex or gender. The U.S. is one of the few that does not. Instead, our judiciary graciously offers gender discrimination the ‘here’s a cool sticker’ treatment of “intermediate scrutiny”—a half-hearted legal standard that basically says, “We’ll kind of care, but not too much.” Because why should women and nonbinary people expect anything more than empty symbolism when it comes to their rights?

The U.S. also fails in other areas, whereas many of its peer nations succeed, as we lack laws guaranteeing equal pay, equal retirement, and our parental leave policies are known to be notorious awful around the world. 

According to the report Women, Business and the Law 2023, published by the World Bank fourteen countries, Belgium, Canada, Denmark, France, Greece, Iceland, Ireland, Latvia, Luxembourg, Portugal, Spain and Sweden as well as Germany and the Netherlands offered full equal rights for men and women. “At least from a legal perspective.”

Gender equity underpins urban policies that support working-class women, gender expansive people, and ultimately all genders and socioeconomic classes.  

A direct correlation exists between nations with constitutional gender rights and those whose urbanism creates equitable cities. Affordable housing, walkable neighborhoods, and accessible public transit require urban policies that work for all genders. Yet, in the U.S., these policies stall without the Constitutional backing the ERA would provide. 

Denmark, the Netherlands, and Sweden all have excellent bicycle infrastructure, generous parental leave, and affordable housing. They are also the top three countries for gender equity. Feminist urbanism works to create a better life for all genders, abilities, and ages. 

The US ranks behind Peru and Albania in gender equity, scoring 91.3 percent according to the aforementioned report. 

This is not just a policy failure—it’s an urbanism failure. Without gender-inclusive policies, our metros will remain dominated by sprawl, exclusionary zoning, and climate inaction. 

Today, the only way a single, working-class woman can afford to live in a walkable, bikeable city with good public transit in the U.S. is by marrying a cisgender, middle-class man. That’s an unacceptable reality. 

Feminist urbanism isn’t a luxury—it’s a necessity. To achieve it, we need the ERA. It’s the legal teeth required to push for gender-inclusive cities and affordable housing that works for everyone. 

But can President Biden actually do it:

“I don’t think ERA ratification is the clear-cut legal slam dunk that a lot of us are hoping for, especially as women’s rights are continually being eroded in both the courts and in American culture. Legally, I think it’s pretty clear the congressional ratification deadline is law, and therefore needs to be extended in order to ratify the ERA.” Emily Amick, Ms Magazine

Even if Biden’s pen isn’t magic, we still must continue to act. If we fail to act, we doom ourselves to urban systems built for patriarchy, worsening inequality, and accelerating climate disaster. The fight for the ERA is for livable cities—for everyone.