Minnesota Democrats have introduced a significant piece of legislation aimed at enshrining abortion and LGBTQ rights in the state's constitution. The proposed Minnesota Equal Rights Amendment seeks to make it more challenging for future lawmakers to repeal these rights and other protections. If approved by lawmakers this session and subsequently by voters in 2026, it would establish one of the most comprehensive safeguards for abortion and LGBTQ rights in the country.
The amendment, which had its first legislative hearing recently, is championed by ERA Minnesota, a group advocating for reproductive justice and equality. Supporters argue that the measure goes beyond reproductive rights to address issues such as pay inequity, discrimination, and stereotypes that persist across generations.
If passed, the amendment would extend protections to abortion and LGBTQ rights at the state government level, shielding existing laws from potential repeal. This includes laws that have positioned Minnesota as a haven for individuals seeking abortion services and gender-affirming care from out-of-state.
House Majority Leader Jamie Long expressed strong support for the ERA proposal, emphasizing its alignment with core values of equity, non-discrimination, and reproductive freedom. However, Republican leaders have not yet indicated their stance on the legislation.
Opponents of the amendment, including anti-abortion groups and religious organizations, argue that it is overly broad and divisive. The proposed wording prohibits discrimination based on various factors, including race, disability, and sex, encompassing gender identity, gender expression, sexual orientation, and decisions related to pregnancy.
If approved by the Legislature, the amendment will be put to a vote in 2026, asking whether all persons in Minnesota should be guaranteed equal rights under state laws without discrimination based on specified characteristics. The proposed effective date for the amendment is January 1, 2027.
Groups opposing the amendment, such as the Minnesota Family Council and Minnesota Citizens Concerned for Life, contend that the focus on abortion and gender ideology overlooks broader rights and removes protections for religious freedom. The proposed amendment aims to address concerns raised in previous versions, particularly regarding the transgender community and reproductive rights.
Given the narrow majorities held by Democrats in each chamber, securing intra-party support is crucial if faced with opposition from Republicans. The amendment would require majority approval from all voters casting ballots, not just those voting on the question, to be enacted into the state's constitution.
The proposed Minnesota ERA differs from the existing Human Rights Act, with its language specifically designed to prevent restrictions on abortion and gender-affirming care. Advocates, including Gender Justice, stress that the amendment is essential for protecting these rights at a constitutional level.
