A proposed constitutional amendment that would protect Minnesotans from discrimination on the basis of race, color, national origin, ancestry, disability, or sex is moving closer to the ballot as it advances through the Legislature.
The proposal, known as the Equal Rights Amendment or ERA, passed the House Rules and Legislative Administration Committee Monday and could come to a vote on the House floor in the coming days.
If the Legislature passes the ERA and the governor signs it, the amendment would go to a statewide vote in 2026.
Religious leaders are fighting the proposed amendment at the Capitol and are prepared to take the campaign to voters if necessary.
“We have a number of problems with it on a number of levels,” said Jason Adkins, executive director of the Minnesota Catholic Conference, standing behind a “STOP ERA” sign in a press conference Wednesday.
The current language does not include religion as a protected category — though religion is already protected in the Minnesota Constitution’s Bill of Rights — and some groups view the amendments’ protection of abortion rights and LGBTQ individuals as infringing on their religious freedom.
The amendment (SF37) defines “sex” as including gender identity and expression, sexual orientation and pregnancy — including one’s decision to become pregnant or terminate a pregnancy.
In recent days around the Capitol, groups of ERA opponents, wielding red shirts and signs, have faced the amendments’ green-clad supporters — an accidental Christmas-themed display — in chanting matches. Hundreds of ERA opponents gathered in the rotunda Wednesday to pray and rally against the proposed amendment. Many attendees held signs with anti-abortion messages from the Minnesota Citizens Concerned for Life.
A parallel debate played out this session over the Minnesota Human Rights Act, which the DFL-controlled legislature updated last year to prohibit discrimination on the basis of sexual orientation and gender identity. While the bill contained a religious exemption for claims of discrimination against gay people, there was no corresponding religious exemption when it comes to trans people.
After months of bipartisan negotiations, the Legislature passed legislation Tuesday to add in the religious exemption, a win for religious groups.
Adkins said the Minnesota Catholic Conference — the policy arm of the Catholic Church in Minnesota — opposes the ERA as currently written, but if it continues to move forward, religion should be added to the list of protected classes.
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