Minnesota lawmakers discuss changing the state constitution to protect abortion and LGBTQ rights.
Minnesota lawmakers have initiated a crucial debate on a groundbreaking legislation to amend the constitution, aiming to protect abortion and LGBTQ rights in the state. The proposed Minnesota Equal Rights Amendment, if endorsed by lawmakers this session and subsequently by voters on the 2026 ballot, would establish one of the most comprehensive shields for abortion and LGBTQ rights across the nation.
At a recent legislative session, over 100 individuals gathered in the hearing room to express their viewpoints. Supporters adorned in green attire and donning “ERA YES” buttons stood in contrast to opponents clad in bright red shirts proclaiming “NO CONSTITUTIONAL AMENDMENT to kill unborn babies.” Testimonies in favor of the amendment were presented by Betty Folliard from ERA Minnesota, Gender Justice, an organization advocating for gender equity, and OutFront Minnesota, a LGBTQ+ advocacy group.
“This isn’t just about reproductive justice,” Folliard emphasized. “It’s also about pay inequity, historic stereotypes, and discrimination that persist from generation to generation.”
The proposed amendment seeks to prohibit the state from discriminating based on race, color, national origin, ancestry, disability, or sex, encompassing gender identity, gender expression, and sexual orientation. It would also prevent discrimination against an individual making decisions regarding pregnancy or reproductive choices.
While Minnesota already has a non-discrimination law, the Human Rights Act, applicable to various entities, the constitutional amendment would extend protection to state governance. It would safeguard existing laws, including those enabling Minnesota to offer reproductive and gender-affirming care, from being repealed by future administrative bodies.
Opposition to the amendment was articulated by Carrena Falls and representatives from the Minnesota Family Council, Minnesota Citizens Concerned for Life, and the Minnesota Catholic Conference. Concerns were raised regarding the entrenchment of a pro-abortion agenda and granting constitutional rights to gender-affirming care.
Political divisions surfaced, with Republican House Minority Leader Lisa Demuth expressing disappointment over the lack of bipartisan input in crafting the proposal. Despite her efforts to subject the proposal to further scrutiny in additional House committees, the motion was dismissed. Democrat House Majority Leader Jamie Long successfully moved the proposal forward to the House floor.
Long stressed the significance of safeguarding rights through the Constitution, emphasizing its enduring effectuality. If ratified by the Legislature, the 2026 ballot would query voters on granting all persons equal rights under the law, barring discrimination based on various factors. The amendment, if approved, would be implemented from January 1, 2027.
An earlier Minnesota ERA proposal had passed in the Senate but faced obstacles in the House. Rep. Kaohly Vang Her highlighted the Democrats’ aspirations to expand protections for transgender and reproductive rights in response to recent developments concerning transgender individuals and the U.S. Supreme Court’s actions on Roe v. Wade.
With narrow majorities, Democrats necessitate cohesive support within their ranks to counter potential opposition from Republicans. Voter endorsement would require a majority of all ballots cast, underscoring the significant impact of citizen participation in shaping constitutional amendments.
