Purpose of the Bill

The bill aims to propose an amendment to the Minnesota Constitution to guarantee equal rights for all persons under state law. It seeks to explicitly prohibit discrimination based on certain characteristics and ensure that state actions do not infringe on these protections unless absolutely necessary to achieve significant governmental objectives.

Main Provisions

• Equal Rights Clause: The amendment would establish that all individuals are entitled to equal rights under Minnesota state law.
• Prohibited Grounds for Discrimination: Discrimination is explicitly prohibited on the basis of race, color, national origin, ancestry, disability, and sex.
• Inclusion of Gender and Orientation: The definition of sex discrimination includes issues related to pregnancy, gender identity, gender expression, and sexual orientation.

Significant Changes to Existing Law

• State's Obligation: Any discriminatory state action must be the least restrictive way to achieve a compelling government interest. This sets a high standard for any legal justification of discrimination by the state.
• Self-Executing Provision: The amendment is self-executing, meaning it does not require additional legislation to be enforceable and it will not limit any existing rights under the Minnesota Constitution.
• Preventive and Remedial Measures: The section does not prevent the implementation of laws or programs designed to address discrimination based on the enumerated characteristics.

Implementation

• The proposed amendment is to be voted on by the public in the general election in 2026. If approved, it would take effect on January 1, 2027.

Relevant Terms

equal rights, discrimination, Minnesota Constitution, race, color, national origin, ancestry, disability, sex, pregnancy, gender identity, gender expression, sexual orientation, compelling governmental interest.