Page 18 UNITED STATES OF AMERICA (MISSISSIPPI) (CONTINUED) Ending Sex Discrimination in the Law EQUALITY NOW – BEIJING+25 agreement with the head of any Federal department or agency, knowingly engages in a sexual act with another person who— (1) has attained the age of 12 years but has not attained the age of 16 years; and (2) is at least four years younger than the person so engaging; or attempts to do so, shall be fined under this title, imprisoned not more than 15 years, or both. (c) Defenses.—(2) In a prosecution under this section, it is a defense, which the defendant must establish by a preponderance of the evidence, that the persons engaging in the sexual act were at that time married to each other. Although Section 1 of the 14th Amendment to the United States Constitution theoretically provides every person “equal protection of the laws,” the U.S. Constitution does not explicitly prohibit discrimination on the basis of sex. The Equal Rights Amendment (ERA), which prohibits the denial of equality of rights under the law on account of sex was passed by the United States Congress in 1972 but needed 38 states to ratify it by 1982. As of January 2020, 38 states have now ratified the ERA, but the deadline still represents a hurdle to its inclusion in the Constitution. Take Action to help ratify the ERA here!28 ZAMBIA The Marriage Act: 17. If either party to an intended marriage, not being a widower or widow, is under twenty-one years of age, the written consent of the father, or if he be dead or of unsound mind or absent from Zambia, of the mother, or if both be dead or of unsound mind or absent from Zambia, of the guardian of such party shall be produced. Take Action – Zambia President Edgar Lungu Lusaka ZAMBIA Email: info@SH.gov.zm; eclungu@parliament.gov.zm Twitter: @EdgarCLungu 34. Any person who is married under this Act or whose marriage is declared by this Act to be valid, shall be incapable during the continuance of such marriage of contracting a valid marriage under any African customary law, but, save as aforesaid, nothing in this Act contained shall affect the validity of any marriage contracted under or in accordance with any African customary law, or in any manner apply to marriages so contracted. Zambia’s Response to List of Issues and questions with regard to the Combined Fifth and Sixth Periodic Reports to the United Nations Committee on the Elimination of Discrimination Against Women (2011): The State party reports that there is no minimum age of consent to marry for women under customary law. This is because the current customary practice allows any girl who attains puberty to get married. Note: Customary law, which is excluded from the purview of the Marriage Act, is not codified in writing. The Zambian Government officially confirmed in its response to the UN Committee on the Elimination of Discrimination against Women that, “there is no minimum age of consent to marry for women under customary law”.