The Trajectory of Women's Rights in 2021

Although the year 2021 began with a record number of female inaugurations in the United States congress, there is a notable downward trajectory of gender equality in American law and public life. Women have been more severely impacted by the economic, psychological and physical consequences of the Covid-19 pandemic compared to their male counterparts. The Biden administration’s revolutionary strides to enact paid maternity leave into law has been stifled by political gridlock making the aspiration of finally achieving gender wealth equality in this country a mere far-fetched goal. Furthermore, women's reproductive autonomy is being threatened across the United States as many states such as Texas are rapidly enacting barbaric abortion laws that prohibit and criminalize women for obtaining abortions even in cases of rape and incest. While gender equality has been steadily improving in the United States and the rest of the world, the rise of radical right-wing movements and the political consequences of Donald Trump’s presidency have produced a profound backpedaling trend of women’s rights in this country.

The United States is one of only six countries in the world without national paid maternity leave and the Biden administration’s hope of finally achieving paid family leave was stifled when Joe Manchin announced last month his refusal to support the expansion of the Family and Medical Leave act to include four weeks of paid family and medical leave. The substantial wage gap between men and women in the United States can be attributed to the fact that women are more likely to be single parents or primary caretakers who take on the burden of unpaid family care. This gap forces women to take more time off from work, or choose not to work at all, in order to provide necessary care to children and elders who can not care for themselves. According to the National Partnership, new mothers who take paid leave are more likely than those who take no paid leave to stay in the workforce and are 54 percent more likely to report wage increases. This phenomenon negatively impacts the entire US economy as capable workers are not participating in the labor economy due to a lack of family care options. Childcare is an extremely important job that is necessary for the development of the next generation of Americans yet caretakers, who are mostly women, are not compensated for a job that is quite literally obligatory. Proving paid family leave will allow caretakers, who are mostly women, to provide necessary care for elders and children without having to worry about significant reductions in pay, termination, or inability to participate in the labor economy all together. Biden came closer than any other presidential administration in enacting paid family leave but his ultimate failure indicates a grim reality for American women who may have to wait decades longer to finally achieve federal paid maternity leave just like almost every other woman on earth. 

The Covid-19 pandemic has only further harmed female caretakers as lockdowns and school closures have restricted children to the home and subsequently forced many mothers to leave the workforce or substantially reduce their paid working hours to care for their families. The OECD’s 2020 Risks that Matter survey reports that “mothers were nearly three times as likely as fathers to report that they took on the majority or all of additional unpaid care work related to school or childcare facility closures: 61.5% of mothers of children under age 12 say they took on the majority or entirety of the extra care work, while 22.4% of fathers report that they did.” This phenomenon has only deepened gender wealth inequality and left many women even more dependent on male financial support or government assistance for survival. CNBC reports that In 2020 alone “women globally lost more than 64 million jobs” which “cost women around the world at least $800 billion in earnings.” 

A rise in domestic and gendered violence is also another disheartening consequence of the Covid-19 pandemic that has negatively impacted the health and safety of women. Financial insecurity, male unemployment, and the psychological effects caused by the pandemic has exacerbated violence against women. According to the National Commission on Covid-19 and Criminal Justice, the number of domestic violence incidents in the US increased by 8.1% after lockdown orders. The increased isolation women are experiencing due to lockdowns have trapped many women at home with their abusers increasing the occurrences of physical and verbal assault. The increase in substance abuse caused by the stress of the pandemic has also made women more susceptible to gendered violence. Furthermore, the limitations of outside contact and support has made reporting domestic violence substantially more difficult for women. 

In 2021 women also saw unprecedented restrictions in abortion rights across the United States. States have been emboldened by Trump’s conservative Supreme Court nominations to challenge the constitutionality of abortion and impose stringent laws that heavily restrict women’s ability to terminate pregnancy. In May of 2021 Governor Greg Abbott enacted the Texas Heartbeat Act which bans all abortions (excluding when the mother’s life is at risk), even in cases of rape and incest, after a mere six weeks of pregnancy. Similarly, Mississippi enacted a ban on abortions after 15 weeks of pregnancy which is currently being challenged in the Supreme Court. The case Dobbs v. jackson Women’s Health Organization directly Challenges Roe v. Wade and could set off a catalyst of other state abortion bans if it is upheld by the overwhelming conservative court. Due to ‘trigger laws’ which automatically impose restrictions or bans on abortions in 21 states upon the overturning of Roe v. Wade, according to NPR “access to legal abortion could end for more than 100 million Americans,” Further more “most would ban abortion outright with limited exceptions — like medical emergencies or in cases of rape and incest” and are currently in place in Arkansas, Idaho, Kentucky, Louisiana, Mississippi, Missouri, North Dakota, Oklahoma, South Dakota, Tennessee, Texas and Utah.  Alabama, Arizona, Michigan, West Virginia, and Wisconsin also still have abortions bans that were enacted prior to Roe v Wade which could now be enforced if Roe were overturned. 

2021 saw monumental accomplishments for women especially in government representation but saw even greater regressions on women's equality. If the United States continues in this trajectory we could be witnessing historical backpedaling of progress made for women’s rights in this country.



Principal, Tonya Saunders, Featured in Upcoming FiscalNote Webinar

Webinar: Predicting Policy & Identifying Trends in Legislation

Thursday, June 10 | 11:00 a.m. – 12:00 p.m. ET

What if you had a crystal ball to foretell which legislation might be introduced at the state, federal, or global level?

It’s not as far-fetched as it seems.

Emerging issues tend to have been brewing quietly somewhere before arriving en masse. Luckily, there are tools and tricks that can help put them on your radar early to give you a step up on managing the policy that matters.

Join FiscalNote for a webinar on June 10 at 11 a.m. ET, where our industry experts will look at 2021 legislation trends, how those trends could influence what happens for the rest of the year, and the tools you can use to stay on top of it all.

Discussion Topics:

  • How to watch for and identify emerging policy trends

  • Policy trends that are likely to increase, decrease, or stay the same

  • The most common forms of legislation (healthcare, education, environment, etc.) that will likely be introduced for the remainder of 2021, and the tools to track them