The State Law Audit Project is an initiative of the ERA Coalition to review state statutes and administrative code for compliance with the 28th Amendment.
To prepare for 2022, states are reviewing state statutes and administrative code for unnecessary distinctions on the basis of sex. The 28th Amendment prohibits discrimination on the basis of sex. Under the tradition of strict scrutiny, laws that distinguish on the basis of sex must be narrowly tailored to fit a compelling governmental interest. The initial step of an audit is to identify preferential treatment for one gender. Such preference might be justified and constitutional under the lens of strict scrutiny.
State legislators, informed by constituents and jurisprudence, will determine whether such state laws are still appropriate. Constitutional rights are balanced by our courts, and no one right is absolute. The ERA Coalition is assisting states with model language and technical expertise.
For more information on this project, contact AJ Conroy at stateoutreach@ERAcoalition.org.