Minnesota Democrats Introduce Amendment to Block Ban on Abortion, Sex Changes AP Photo/Trisha Ahmed

Democrats in Minnesota have introduced an amendment that would enshrine the right to abortion and transgender drugs and surgeries into the state Constitution.

The Minnesota Equal Rights Amendment (ERA) has its first legislative hearing Monday. It would be “among the most expansive protections of abortion and LGBTQ rights in the nation if it is approved by lawmakers this session and then by voters on the 2026 ballot,” the Associated Press reported.

The proposed language prohibits the state from discriminating against anyone on the basis of gender identity, gender expression, sexual orientation, race, color, national origin, ancestry, disability, or sex. The amendment would also bar the state from discriminating against a person “making and effectuating decisions about all matters relating to one's own pregnancy or decision whether to become or remain pregnant.” 

“The new ERA is about abortion and gender ideology, not protecting the rights of Minnesotans,” Moses Bratrud, a spokesman for the Minnesota Family Council, said in a statement. “And while previous versions of the ERA included protections based on ‘creed,’ the new version removes any religious freedom protections. This is troubling to Minnesotans from all religious backgrounds.”

If the state legislature approves the measure, Minnesota voters would be asked in 2026: 

Shall the Minnesota Constitution be amended to say that all persons shall be guaranteed equal rights under the laws of this state, and shall not be discriminated against on account of race, color, national origin, ancestry, disability, or sex, including pregnancy, gender, and sexual orientation?

If voters pass the measure, it will take effect on January 1, 2027. 

“This isn’t just about reproductive justice,” said Betty Folliard, whose group, ERA Minnesota, has been pushing for the amendment since 2014. “It’s also about pay inequity, historic stereotypes, and discrimination that keep on being overlooked, generation to generation to generation.”

Abortion is currently legal throughout pregnancy in Minnesota. The state also has a non-discrimination law called the Human Rights Act, which applies to businesses, individuals, schools, and other institutions.

The constitutional amendment differs in that it 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,” according to the report. 

Minnesota lawmakers tried to pass a similar proposal in 2023 but failed to get a final vote in the House after passing the Senate, the report notes. 

“Democrats have only narrow majorities in each chamber — their margin is just one vote in the Senate — so they need the support of most in their party if Republicans oppose the legislation,” according to the report. “If placed on the ballot, the constitutional amendment would need to be approved by a majority of all voters casting ballots, not just a majority of those voting on the question.”

Katherine Hamilton is a political reporter for Breitbart News. You can follow her on X @thekat_hamilton.

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