Minnesota lawmakers are debating legislation to amend the constitution to protect abortion and LGBTQ rights. The Minnesota Equal Rights Amendment would be one of the most expansive protections of these rights if approved by lawmakers this session and by voters on the 2026 ballot. Supporters of the amendment wore green clothes and buttons that said “ERA YES,” while opponents wore bright red shirts that said “NO CONSTITUTIONAL AMENDMENT to kill unborn babies.” The amendment’s supporters argue that it is about reproductive justice, pay inequity, and discrimination that has been overlooked for generations.
The proposed amendment would prohibit discrimination on the basis of race, color, national origin, ancestry, disability, or sex — including gender identity, gender expression, and sexual orientation. It would also protect individuals’ rights regarding decisions related to their own pregnancy. The amendment would apply to state government and protect certain laws, including those related to abortion and gender-affirming care, from being repealed by future lawmakers and administrations. However, opponents, such as the Minnesota Family Council and Minnesota Catholic Conference, argue that the amendment would enshrine a radical abortion agenda into the Constitution and grant children a constitutional right to gender-affirming care, among other concerns.
Republican House Minority Leader Lisa Demuth expressed disappointment that Democrats developed the proposal without Republican input and attempted to submit the proposal to questioning in other House committees, which failed along party lines. However, Democrat House Majority Leader Jamie Long’s motion advancing the proposal to the House floor succeeded with a 9-5 vote along party lines. Long emphasized the importance of these rights and the need for them to be enshrined in the Constitution, given that legislators and courts can change over time, but the Constitution remains in effect.
If approved by the Legislature, voters in 2026 would be asked to vote on the amendment. The proposed question would ask whether all persons should be guaranteed equal rights under the laws of the state and not be discriminated against on account of various factors, including pregnancy, gender, and sexual orientation. The amendment would take effect on Jan. 1, 2027, if approved. Last year, a different Minnesota ERA proposal passed in the Senate but did not get a final vote in the House. Democrat Rep. Kaohly Vang Her, a chief author of both proposals, noted that recent attacks on transgender people and the U.S. Supreme Court’s overturning of Roe v. Wade have influenced Democrats’ push for the amendment.
Democrats have narrow majorities in the Legislature, so they will need the support of most in their party if Republicans oppose the legislation. If the constitutional amendment is placed on the ballot, it would need to be approved by a majority of all voters casting ballots, not just a majority of those voting on the question. The debate over the Minnesota Equal Rights Amendment reflects broader discussions around abortion and LGBTQ rights, highlighting the complexities and differing perspectives on these issues within the state.
