Gender and the Law Prof Blog

Editor: Tracy A. Thomas
University of Akron School of Law

Tuesday, January 22, 2019

Renewed Efforts to Pass Equal Rights Amendment in Minnesota

Long Dormant, The Equal Rights Amendment has Awakened with Vigor

After decades of dormancy, the ERA soon is being considered in the Minnesota House with a majority of members in support. Senate companion bills will feature DFL and GOP co-authors, signaling a majority of the votes....

Two bills are before the state House: the Minnesota State ERA Bill, a constitutional amendment bill to embed an ERA into our state Constitution (HF13), and the Federal ERA Resolution to Congress to remove the deadline on the federal ERA (HF71).

 

The Minnesota State ERA Bill (HF13), authored by Rep. Mary Kunesh-Podein, DFL-New Brighton (with a companion bill authored by Sen. Richard Cohen, DFL-St. Paul), will add a section providing for gender equality in our state Constitution.

 

The impact would be to provide a constitutional basis for claims of gender-based violence, help create more realistic legal standards for sex discrimination in the workplace, ensure that women can work safely, have reasonable accommodation and earn much-needed income for themselves and their families during pregnancy, and address unjust laws that impact men. If passed, a question would be added to the general election ballot in 2020, the 100th anniversary of women’s gaining the right to vote.

Currently, 24 states have some kind of equal rights amendment language in their state constitutions. ERAs have existed in state constitutions for over 140 years and no federal law has been overturned because of them. Other states are poised to add an ERA. In Delaware, a state ERA may finally pass this month, and, in New York, Gov. Andrew Cuomo has made an equal rights amendment a priority in his first 100 days.

 

The Federal ERA Resolution to Congress (HF71), authored by Rep. Rena Moran, DFL-St. Paul (with a companion bill authored by Sen. Sandy Pappas, DFL-St. Paul), memorializes Congress to remove the arbitrary deadline of “June 30, 1982,” from the ERA. For a federal constitutional amendment to be made part of the U.S. Constitution, three quarters (or 38) of the states must ratify it. This country is now sitting at 37 states ratified. With the tremendous success ratifying the ERA in Nevada in 2017 and Illinois in 2018, huge strides have brought the ERA to a tipping point.

https://lawprofessors.typepad.com/gender_law/2019/01/renewed-efforts-to-pass-equal-rights-amendment-in-minnesota.html

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