Next Steps for Equal Means Equal vs. Trump 

On March 24, 2026, the Equal Means Equal vs. Trump trial was held in the First Circuit Court in Boston, MA. The Honorable William G. Young presiding. This case was a challenge to the Military Selective Service Act (MSSA), 50 U.S.C. § 3801 et seq., which requires male citizens to register for the draft but bars women from doing so.

Previously, I provided a summary of that court case and, although it looked like Equal Means Equal had lost, they didn’t which gave them an opportunity to continue the discussion on an appeal.

Now we are coming into August and here is what the Equal Means Equal legal team has to say about what’s coming next. First, they were given a due date of August 3rd by which to provide all further documentation they will use to address their appeal.

The brief is straightforward and makes one basic point: If women are to be forced by the U.S. government to register for the draft and die on the front lines of battle alongside men, they should die with full legal equality. No woman should bleed to death in combat defending a constitution that subjugates her as a second-class citizen.

Their brief argues in favor of the ERA's validity and strict scrutiny under the Equal Protection doctrine, regardless of the ERA's passage. For these reasons and more, we need to keep talking about the Equal Rights Amendment.

We did just that at our NFBPWC Biennial. Please take a few minutes to read our newly elected Second VP of Advocacy, Barbara J. Davis’s, complete review of our successful ERA Summit. Couldn’t be prouder to be a member of the NFBPWC.

Remember, the ERA is ALREADY the law of the land

It is the 28th Amendment to the US Constitution, so passing it now is just a formality, not something needed to make it valid. President Biden’s action confirmed what we already knew – the amendment fully met all the constitutional requirements with Virginia’s ratification on January 27, 2020.

Time limits are arbitrary. Time limits are not mentioned as part of the amending process in the Constitution.

The fight is now about Awareness and Education. We must ensure that people know the ERA is the law of the land, already protecting people from gender-based discrimination in all aspects of life, from reproductive healthcare to workplace equality.

Remember, Women’s Equality Day is August 26th.

Search in your community for an event to attend or maybe start one on your own. You still have time to plan and provide information on this very important day.

I am hoping to attend the Alice Paul Institute’s Women’s Equality Day event on Saturday, August 22nd. I always enjoy visiting the historic home of this suffragist, activist, and political strategist who dedicated her life to gaining women’s equality. Learn more about her at the Alice Paul Institute.

Until next month, keep marching!!

Nancy Werner
Advocacy ERA