Why the ERA Can’t Wait: Voices from the Minnesotans for Equal Rights Coalition

Gene: The Arc Minnesota is a statewide advocacy organization serving people with intellectual and developmental disabilities. We provide public policy advocacy, grassroots engagement, individual advocacy, and a variety of housing and other support to individuals in the disability community to ensure they can have a quality life in the community. We were formed in the late 1940s and are headquartered in St. Paul with regional offices in St. Cloud, Rochester, Mankato, and Moorhead.

Tenzin: Future of Us (formerly Asian American Organizing Project) is an organization that believes in empowering young Asian Minnesotans, and unlocking their collective social and political power. The work at Future of Us is rooted in storytelling, advocacy, and community building, ensuring that young Asian Minnesotans are seen, heard, and influential in leadership and decision-making spaces.

Tenzin: The Equal Rights Amendment brings to mind the ability to live up to our ideals. That everyone, regardless of what they look like, where they come from, who they love, etc., deserves a fair shot and should not be discriminated against because of these factors.

Gene: The ERA means full access to rights regardless of sex, sexual orientation, disability status, race, religion, national origin, gender, and other factors. For people with disabilities, there are existing constitutional protections for due process and equal treatment under the 14th Amendment. There are also statutory protections like the Americans with Disabilities Act (ADA), Section 504, and the Minnesota Human Rights Act. The Minnesota ERA would strengthen all of these existing protections by adding protections based on disability status to the Minnesota Constitution and making it easier to enforce disability rights laws.

Gene: We believe it is critical to explicitly name these rights in the state constitution. Why? Because laws can change. Statutes can be repealed or weakened with a simple vote in the legislature, but constitutional protections are harder to undo, requiring a majority of all people who voted. Plus, while control of the legislature frequently changes between parties, a constitutional amendment provides ongoing protections.

Tenzin: The Minnesota Constitution does not explicitly protect against discrimination based on the characteristics listed in the Minnesota ERA. There are a few laws and statutes that concern these groups or identities, but having it enshrined in our constitution not only makes it harder to get rid of, thereby making it much more effective, but also allows our state to continue in its affirmation to protect all Minnesotans. It’s fair, equitable, and the right thing to do, and many people can agree that everyone should be treated with equal rights under state law.

Tenzin: One important aspect of the Minnesota ERA is its emphasis on protecting reproductive rights. Studies we’ve conducted show that over 80% of young Asian Minnesotans support reproductive rights, in particular abortion access. This is similar to the national average of around 75%.

Additionally, the ERA includes a provision to ensure the state does not discriminate, which would ensure that immigrants, refugees, and limited-English speakers are aware of and able to enroll in state and federally funded public services, such as Supplemental Nutrition Assistance Program (SNAP), housing support, and/or refugee cash assistance.

Gene: The Minnesota ERA would protect reproductive autonomy for people with disabilities and safeguard decisions related to pregnancy, preventing the state from interfering in the reproductive choices of people with disabilities. Historically, people with disabilities were subject to forced sterilization laws. Having protections against forced sterilization and having reproductive choices like abortion are both necessary.

Gene: It would send a powerful message: discrimination of any kind against individuals will not be tolerated! And that explicitly includes discrimination against people with disabilities. This work is intersectional. People with disabilities exist across every identity—race, gender and gender expression, sexual orientation, and more. The Minnesota ERA creates a stronger, more inclusive community by recognizing and protecting those overlapping identities.

Tenzin: The passage of the state ERA would be a great victory not only for the immigrant community, but for all Minnesotans. We would be able to see that our government listens to the people, as over 75% of the people support reproductive rights and abortion access. It would also show our community that our government also prioritizes the protection and needs of those most vulnerable and in danger of exploitation.

Tenzin: We are encountering interesting—and, for many we serve, scary—times. A constitutional amendment prohibiting the discrimination of those who may be our family, friends, and neighbors isn’t just a “feel good” gesture, but one that may have life changing, longlasting impacts across future generations of Minnesotan families and communities.

Gene: While it might be tempting to believe that existing federal anti-discrimination laws or the Minnesota Human Rights Act make a Minnesota ERA unnecessary, that would be a mistake. Why? Voting rights, affirmative action, DEI, and even recognition of past discrimination are being rolled back throughout the nation. As those federal laws are weakened, we need strong state-level human rights protections. The Minnesota ERA provides expanded protections to many people, and we need that to protect not only the disability community, but all groups who face discrimination.