Dear John

While there is a perception among western countries that female genital mutilation (FGM) only afflicts the Global South, this is far from accurate. The practice occurs across cultural, religious, and socio-economic groups and is practiced on every continent except Antarctica. Wherever it happens, FGM is a human rights violation deeply rooted in gender inequality and discrimination. 

In the US, approximately 513,000 women and girls have undergone or are at risk of FGM. Regardless of race or ethnicity, women and girls born or living in the US may be subjected to FGM domestically or taken abroad (a practice known as “vacation cutting”). 

It is estimated that rates of FGM have tripled in the country since 1990. But despite the prevalence of the practice and the persisting risk to many women and girls 20% of American states do not have laws criminalizing FGM. 

The Equal Rights Amendment (ERA) could change that, giving Congress an independent power to pass legislation to enforce sex equality. This could include enacting laws to ensure that women and girls are protected against sex discriminatory human rights violations, such as FGM.

In 2018 a federal court in Michigan struck down a federal anti-FGM law on the grounds that it did not meet the requirements of the Constitution’s Commerce Clause and thus, Congress lacked the authority to pass the law in the first place. Fortunately, a new federal anti-FGM law that meets the Commerce Clause requirements was passed in 2021. However, if the ERA had been part of the Constitution, then the 1996 law may have remained in effect, avoiding a gap in the protection of girls from FGM at the federal level. 

The ERA would also make it harder for courts to find Congress lacks the constitutional authority to pass such laws, helping to prevent future rollbacks of legislation that protect the human rights of women and girls, ensuring that women and girls don’t have to rely on an incomplete patchwork of state legislation.

Bodily integrity, including freedom from practices like FGM, is essential to equality. 

At Equality Now, we’re working to help make sure the ERA becomes part of the Constitution because equality will never be a reality if people don’t have control over their own bodies.

And you can help. Learn more about how to take action with our partners at The ERA Coalition. Working together, we can finally see gender equality enshrined as a fundamental right in the United States!

In solidarity
 

Jorie Dugan 
Global Legal Advisor, Equality Now

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