A proposed state constitutional amendment looks to take center stage at the Minnesota State Capitol. If approved the Minnesota Equal Rights Amendment would guarantee some of the nation’s broadest protections of abortion and LGBTQ+ rights.
Last year, the amendment passed the DFL-controlled House after a 15-hour filibustered debate. The Senate did not vote on the ERA after running out of time in the session. Now, state lawmakers and advocates are highlighting data they say shows Minnesotans support an Equal Rights Amendment.
The House is split evenly between the Democrats and Republicans which would make passage more difficult than it was in 2024 when the DFL controlled both the House and Senate where the DFL hold a one-seat advantage.
"Just because we have a tie in the house does not mean that the ERA is dead. I intend to move this legislation as I would any other piece of legislation," says Rep. Leigh Finke (DFL- St. Paul), who is the first openly transgender member of the Minnesota Legislature.
The proposal to amend the state Constitution is expected to receive plenty of pushback moving forward, particularly when it comes to abortion. Finke is the House Chair of the Minnesota Reproductive Freedom Caucus.
"I believe that the appetite among Minnesotans for an inclusive constitutional protection for all of our neighbors is what the voters want to support," Finke explains.
Minnesota already has a non-discrimination law, the Human Rights Act, that applies to individuals, businesses, schools and other institutions. The constitutional amendment would apply to state government, and would protect certain laws — including recent ones that have made Minnesota a refuge for out-of-state people seeking an abortion and gender-affirming care — from being repealed by future lawmakers and administrations.
"We recognize that an Equal Rights Amendment here in Minnesota would not supersede federal law, but it would represent a meaningful step both for enshrining protections here in the state," says Kat Rohn who is with Out Front Minnesota. "And it would give Minnesotans an opportunity to clearly assert our own local values at a time of national erosion."
During debate of the 2024 bill, Republicans proposed their own amendment, saying all Minnesotans should be protected with equal standing. New Speaker of the House, then Majority Leader, Lisa Demuth (R-Cold Spring) said her proposed amendment would create a general equal protection clause that would provide rights for all. That bill was voted down mostly along party lines (one DFL lawmaker voted for it).
Democrats and supporters of an ERA counter by saying this marginalized group of Minnesotans deserve the extra protections.
"We support the move to put equality into Minnesota's constitution, not just because it would provide meaningful protections, but because at a time when our communities are under attack, it is important that we give voters the power to speak clearly on their values and to vote in support of those values," Rohn said.
A constitutional amendment in Minnesota must be approved by a majority in both houses but does not go to the governor for ratification. Instead, a ballot question would be prepared and put to Minnesotans during the next election.