That’s right. Women are NOT protected in either the U.S. or the Minnesota Constitutions.Many women were raised being told that all people, regardless of gender, are equal citizens. We were led to believe that everyone in this country had the same rights after the Equal Rights Amendment was passed by Congress in 1972. What often got left out is that it was never ratified by enough states to become a part of the Constitution.
Even though the 14th Amendment added an “equal protection clause,” it was also the first amendment to introduce gender into the Constitution by adding the word “male.” This is why the 19th Amendment was needed to secure the right to vote for women and why passing the Equal Rights Amendment is so important to ensuring that all people, regardless of gender, are fully protected by the Constitution. How Do We Fix This?
As much as we want to believe that all people are treated equally, we know that they are not.
One way to address this is by guaranteeing equal protection under the law. This can be done by securing amendments to both the Constitution of the United States AND to the Minnesota Constitution that simply state: “Equality of rights shall not be
denied or abridged on account of sex.” In Minnesota, our state ratified the federal amendment in 1973. But we never added an equal rights amendment to our state constitution. Even though a state ERA has been introduced in every session since 1982, the amendment has never passed out committee to be debated by the full legislative body. A simple fix from the legislature would be to put the amendment on the statewide ballot for citizens to approve or deny.
For the U.S. Constitution, Nevada and Illinois recently became the 36th and 37th states to ratify the ERA. Now ONLY ONE MORE STATE is needed for full ratification. Why is it Necessary?
One of the most important reasons the ERA is needed is because discrimination based on gender is NOT treated with the same importance as other forms of discrimination in the court system.
Consider what former Supreme Court Associate Justice Antonin Scalia said:
"Certainly the Constitution does not require discrimination on the basis of sex. The only issue is whether it prohibits it. It doesn't. Nobody ever thought that that's what it meant. Nobody ever voted for that," said the famously conservative justice, adding, "If the current society wants to outlaw discrimination by sex, hey we have things called legislatures, and they enact things called laws.” We have laws in Minnesota and federally against discrimination. But as we’ve seen lately, laws can be overturned by a simple majority in Congress or any state legislature, meaning the only way to protect our rights is to pass an amendment to the constitution to secure gender equality is protected under the law. [Find out why the ERA is still important.]
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We Need You!!Find out the position of your district's legislators and let them know that YOU support having equal rights be guaranteed in both the Minnesota and Federal Constitutions and that you want them to support it too.
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Legislators: What's their position on ERA?
Find out what your legislator's position is -- then contact them to
- Find out where they stand (if Unknown).
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Talk to Your Legislator about the ERA
You can use any of the following language to talk about the ERA with your legislators.
You can use any of the following language to talk about the ERA with your legislators.
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