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Equal Rights Amendment Minnesota (ERAMN)

Website:

www.eramn.org
Type:

Legislative Advocacy Group
Formation:

2014
Founder:

Betty Folliard

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Equal Rights Amendment Minnesota (ERAMN) is an advocacy organization in Minnesota seeking to enact an Equal Rights Amendment (ERA) to the Minnesota Constitution and U.S. Constitution. Equal Rights Amendment Minnesota educates and organizes volunteers to support the passage of an amendment in the legislature through lobbying and outreach efforts. 1

Equal Rights Amendment Minnesota works with left-of-center groups to pressure legislators for passage of an amendment. In the 2023 to 2024 legislative session, early passage for an ERA seemed likely as initial votes had bipartisan support. In early 2024, the language of the amendment was re-drafted to include abortion access and LGBT-interest protections while disregarding pleas for religious protections. In 2024, the amendment failed to pass when the legislature adjourned for the term. 2 3

Equal Rights Amendment Minnesota is also seeking passage of the dormant federal Equal Rights Amendment that failed to be ratified by the amendment’s 1982 ratification deadline. Equal Rights Amendment Minnesota claims sufficient states have ratified even though three failed to do so by the deadline and five states have revoked ratification. Equal Rights Amendment Minnesota claims the Equal Rights Amendment has passed and should be the 28th Amendment to the Constitution. 4 5

History

Equal Rights Amendment Minnesota was founded in 2014 to push for federal and state constitutional amendments for equal rights. 6 Minnesota was the 25th state to ratify the Equal Rights Amendment to the U.S. Constitution in 1973 before the proposed amendment’s time restriction for ratification elapsed. 7

Equal Rights Amendment Minnesota’s focus has been the adoption of a Minnesota constitutional amendment while also working to revive the federal constitutional amendment. 8

Minnesota Amendment

To add an amendment to the Minnesota Constitution, both legislative chambers must pass the amendment by a simple majority. 9 Once an amendment has passed both chambers, it is placed on the next general election ballot and a majority of voters need to ratify the amendment. 10

The Equal Rights Amendment to the Minnesota Constitution failed to pass the state legislature before adjournment in the 2023 to 2024 legislative session. 11 In 2023, the amendment passed with bipartisan support in the Senate. 12 After new language was added regarding abortion and LGBT issues in 2024, the bill divided the Senate and was not voted on prior to the required adjournment of the legislature. 13

The final language of the proposed amendment to the Minnesota Constitution went much further than the language of the proposed Equal Rights Amendment to the federal Constitution. The Minnesota Equal Rights Amendment would prohibit discrimination based on race, color, national origin, disability, or sex including gender identity, gender expression, and sexual orientation. The amendment would also protect the right to an abortion using the phrase, “making and effectuating decisions about all matters relating to one’s own pregnancy or decision whether to become or remain pregnant,” which critics called deceptive language. 14

Religious leaders including the Minnesota Catholic Conference opposed the language of the amendment due to not including religion as a protected category as well as protection of abortion rights and LGBT individuals as possible infringements on religious freedom. 15

Federal Amendment

In 2023, Equal Rights Amendment Minnesota applauded the Minnesota legislature’s passage of a resolution urging U.S. Congress to pass a resolution stating that the requirements have been met to ratify the Equal Rights Amendment to the U.S. Constitution and make it the 28th Amendment. 16 For a U.S. Constitutional Amendment, 38 states must ratify the amendment. 17 U.S. Congress had set the 38-state deadline for ratification to 1982. 18

In 2020, Virginia became the 38th state to ratify the ERA but legal questions remain as to the validity of the 38 state ratifications, since three states ratified the amendment after the deadline for ratification imposed by U.S. Congress. Some critics question whether Congress may create a deadline for ratifying an amendment, even though the Supreme Court in Dillon v. Gloss (1921) ruled that it was reasonable for U.S. Congress to create a deadline for ratifying the 18th Amendment. There also remains a question as to whether it is permissible to count the five states counted in the 38 that have since rescinded their ratifications. 19 Equal Rights Amendment Minnesota states that the federal ERA is ratified and all constitutional requirements are met but has been stopped by a “technicality” because it pertains to women’s rights. 20

Alliances

Equal Rights Amendment Minnesota has partnered with allies to push for a state constitutional amendment. Most of the allies in the movement are left-of-center organizations such as Gender Justice, Women’s March MN, the Women’s Foundation of Minnesota, the Minnesota National Organization for Women, Voices for Racial Justice, TakeAction Minnesota, We Choose Us, Education Minnesota, Minnesota AFL-CIO, Jewish Community Action, the Minnesota Coalition for the Homeless, the Minnesota League of Women Voters, OutFront Minnesota, ERA Action, NAACP Minneapolis, Planned Parenthood Minnesota, North Dakota, South Dakota, the National Organization for Women, and Renegade Feminist. 21

Finances

Equal Rights Amendment Minnesota operates under the fiscal sponsorship of the Minnesota National Organization for Women. 22

Leadership

Betty Folliard founded Equal Rights Amendment Minnesota in 2014. 23 From 1997 to 2003, Folliard was a Democratic legislator in the Minnesota House of Representatives. 24 Folliard was the constituency director in Minnesota for the John Kerry for President campaign in 2004 and community representative for then-U.S. Congressman Keith Ellison (D-MN) from 2007 to 2011. 25 From 2012 to 2015, Folliard was the board chair for Gender Justice, a left-of-center legal nonprofit engaged in litigation. 26 In addition to Equal Rights Amendment Minnesota, Folliard also works with Women Corp to pass the ERA. 27 Since 1999, Folliard has given over $8,000 to the Minnesota Democratic Farmer Labor Party and Democratic political candidates including former U.S. Secretary of State Hillary Clinton and former President Barack Obama. 28

References

  1. “Our Mission.” Equal Rights Amendment Minnesota. Accessed August 3, 2024. https://eramn.org/about-era-minnesota/.
  2. Karnowski, Steve. “Minnesota Equal Rights Amendment Fails in Bitter End to Legislative Session.” PBS News. May 20, 2023. Accessed August 3, 2024. https://www.pbs.org/newshour/politics/minnesota-equal-rights-amendment-fails-in-bitter-end-to-legislative-session.
  3. McVan, Madison. “Some Religious Leaders Say Equal Rights Amendment Infringes on Their Rights.” Minnesota Reformer. May 8, 2024. https://minnesotareformer.com/2024/05/08/some-religious-leaders-say-equal-rights-amendment-infringes-on-their-rights/.
  4. Herring, Amanda and Sheri Castro-Atwater. “The Centennial of the Equal Rights Amendment (1923-2023): Where Are We Now, and Why?” Loyola Marymount University. March 27, 2023. Accessed August 3, 2024. https://newsroom.lmu.edu/administrative/the-centennial-of-the-equal-rights-amendment-1923-2023-where-are-we-now-and-why/; Reagan Library Education Blog. “The Equal Rights Amendment – A 100 Year History.” National Archives. August 25, 2023. Accessed August 3, 2024. https://reagan.blogs.archives.gov/2023/08/25/the-equal-rights-amendment-a-100-year-history/.
  5. “The Federal Equal Rights Amendment.” Equal Rights Amendment Minnesota. Accessed August 3, 2024. https://eramn.org/2023-minnesota-federal-era-resolution/.
  6. “Our Story.” Equal Rights Amendment Minnesota. Accessed August 3, 2024. https://eramn.org/about-era-minnesota/.
  7. “Our Story.” Equal Rights Amendment Minnesota. Accessed August 3, 2024. https://eramn.org/about-era-minnesota/.
  8.  “Our Mission.” Equal Rights Amendment Minnesota. Accessed August 3, 2024. https://eramn.org/about-era-minnesota/.
  9. “Passing An Amendment.” Equal Rights Amendment Minnesota. Accessed August 3, 2024. https://eramn.org/2023-minnesota-state-era-bill/.
  10. “Passing An Amendment.” Equal Rights Amendment Minnesota. Accessed August 3, 2024. https://eramn.org/2023-minnesota-state-era-bill/.
  11. Karnowski, Steve. “Minnesota Equal Rights Amendment Fails in Bitter End to Legislative Session.” PBS News. May 20, 2023. Accessed August 3, 2024. https://www.pbs.org/newshour/politics/minnesota-equal-rights-amendment-fails-in-bitter-end-to-legislative-session
  12. Cummings, Caroline. “Minnesota House Passes Equal Rights Constitutional Amendment with Protections for Abortion Rights, LGBTQ Minnesotans.” WCCO News. May 19, 2024. Accessed August 3, 2024. https://www.cbsnews.com/minnesota/news/minnesota-house-equal-rights-amendment/.
  13. Karnowski, Steve. “Minnesota Equal Rights Amendment Fails in Bitter End to Legislative Session.” PBS News. May 20, 2023. Accessed August 3, 2024. https://www.pbs.org/newshour/politics/minnesota-equal-rights-amendment-fails-in-bitter-end-to-legislative-session.
  14. Karnowski, Steve. “Minnesota Equal Rights Amendment Fails in Bitter End to Legislative Session.” PBS News. May 20, 2023. Accessed August 3, 2024. https://www.pbs.org/newshour/politics/minnesota-equal-rights-amendment-fails-in-bitter-end-to-legislative-session.
  15. McVan, Madison. “Some Religious Leaders Say Equal Rights Amendment Infringes on Their Rights.” Minnesota Reformer. May 8, 2024. https://minnesotareformer.com/2024/05/08/some-religious-leaders-say-equal-rights-amendment-infringes-on-their-rights/.
  16. “2023 Minnesota Federal ERA Resolution to Congress.” Equal Rights Amendment Minnesota. Accessed August 3, 2024. https://eramn.org/2023-minnesota-federal-era-resolution/.
  17. “FAQ on the Current Status of the Equal Rights Amendment to the U.S. Constitution.” Columbia Law School Center for Gender and Sexuality Law. March 17, 2021. Accessed August 3, 2024. https://gender-sexuality.law.columbia.edu/content/faq-current-status-equal-rights-amendment-us-constitution.
  18.  “History of the Equal Rights Amendment.” Equal Rights Amendment. Accessed August 3, 2024. https://www.equalrightsamendment.org/the-equal-rights-amendment.
  19. Herring, Amanda and Sheri Castro-Atwater. “The Centennial of the Equal Rights Amendment (1923-2023): Where Are We Now, and Why?” Loyola Marymount University. March 27, 2023. Accessed August 3, 2024. https://newsroom.lmu.edu/administrative/the-centennial-of-the-equal-rights-amendment-1923-2023-where-are-we-now-and-why/; Reagan Library Education Blog. “The Equal Rights Amendment – A 100 Year History.” National Archives. August 25, 2023. Accessed August 3, 2024. https://reagan.blogs.archives.gov/2023/08/25/the-equal-rights-amendment-a-100-year-history/.
  20. “The Federal Equal Rights Amendment.” Equal Rights Amendment Minnesota. Accessed August 3, 2024. https://eramn.org/2023-minnesota-federal-era-resolution/.
  21. “Our Allies.” Equal Rights Amendment Minnesota. Accessed August 3, 2024. https://eramn.org/allies/; “Partners.” We Choose Us. Accessed August 3, 2024. https://www.wechooseusmn.com/partners.
  22. “ERA Minnesota.” Equal Rights Amendment Minnesota. Accessed August 3, 2024. https://eramn.org.
  23. “Betty Folliard.” LinkedIn. Accessed August 3, 2024. https://www.linkedin.com/in/betty-folliard-5361a599/.
  24. “Betty Folliard.” LinkedIn. Accessed August 3, 2024. https://www.linkedin.com/in/betty-folliard-5361a599/
  25. “Betty Folliard.” LinkedIn. Accessed August 3, 2024. https://www.linkedin.com/in/betty-folliard-5361a599/
  26. “Betty Folliard.” LinkedIn. Accessed August 5, 2024. https://www.linkedin.com/in/betty-folliard-5361a599/; “Our Work.” Gender Justice. Accessed August 5, 2024. https://www.genderjustice.us/our-work/.
  27. “Betty Folliard.” LinkedIn. Accessed August 5, 2024. https://www.linkedin.com/in/betty-folliard-5361a599/; “Women Corp.” Women Corp. Accessed August 5, 2024. https://www.womancorp.org.
  28. Center for Responsive Politics. “Betty Folliard.” Opensecrets.org. March 22, 2021. Accessed August 5, 2024. https://www.opensecrets.org/donor-lookup/results?name=Betty+Folliard.
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