Advocates renew push for Minnesota Equal Rights Amendment

Democratic lawmakers gathered with advocates for an Equal Rights Amendment at the Minnesota Capitol Thursday to launch their latest campaign to add to the state Constitution sweeping protections that prohibit discrimination based on race, national origin, disability, gender identity, sex and pregnancy — including one’s decision to become pregnant or terminate a pregnancy.

During the last Democratic-Farmer-Labor trifecta in 2024, the Minnesota Equal Rights Amendment nearly passed but stalled at the last minute because of disagreements among Democrats about the amendment’s language. Democrats will enter the 2027 legislative session with another trifecta — this time with greater margins — and ERA advocates are confident that they will be able to pass legislation next year to put the question before voters. 

“Equality shouldn’t depend on who holds office, who’s making those laws,” said Sen. Mary Kunesh, DFL-New Brighton, who is a chief author of the legislation. “It’s clear that those words must be enshrined in our Constitution, not just for today, but again for the future generation.”

If the Minnesota ERA passes the House and Senate, Minnesotans would be asked on the 2028 ballot to support or oppose the ERA. The measure would require a majority of total votes cast — not voting on it would be akin to a “no” vote.

Democratic lawmakers on Thursday said passing the ERA legislation is among Democrats’ top priorities in 2027 and anticipate early passage; the session begins Jan. 12.

Dozens of states have passed legislation to add gender, race and class protections to their constitutions, but Minnesota’s proposed amendment will be inclusive of more classes, such as gender identity and abortion rights. Minnesota’s ERA advocates say their ballot measure will be similar to New York’s, which went into effect last year.

Ballot measures do not require the governor’s signature, but Gov.-elect Amy Klobuchar has expressed openness to supporting the latest ERA effort.

Critics of Minnesota’s ERA proposal say that including gender identity and abortion rights protections in the state Constitution infringes on their religious freedom. The current ERA language does not include religion as a protected category — though religion is already protected in the Minnesota Constitution’s Bill of Rights.

The Minnesota Human Rights Act, which is in statute and not the Constitution, currently protects Minnesotans from discrimination — in employment, housing, public services, public accommodation and education — based on race, color, creed, religion, national origin, sex, gender identity, marital status, disability, sexual orientation and status with regard to public assistance.

Some critics also say the measure gives too much authority to the judicial branch, which will be responsible for remedying alleged violations of the ERA’s protections.

Minnesota’s ERA advocates say they are finalizing the language, but note it will largely match the language lawmakers considered and nearly passed in 2024.

“It is long past time for us to recognize the values represented in the Equal Rights Amendment and to put them into the Constitution,” said Rep. Leigh Finke, DFL-St. Paul, who is also a chief author of the legislation. “No matter who you are, where you come from, or why you are here, you deserve to be treated equally under the law. That is what we are fighting for.”