Purpose

• This proposal would add a new section (Sec. 18) to Article I of the Minnesota Constitution to guarantee equal rights for all people and to prohibit discrimination by the state. It would cover discrimination based on race, color, national origin, ancestry, disability, or sex, including protections related to pregnancy decisions, gender identity or expression, and sexual orientation.

Main Provisions

• Equal rights guarantee: All persons are guaranteed equal rights under the laws of Minnesota.
• Prohibited discrimination: The state (including its agencies and political subdivisions) shall not discriminate against anyone in intent or effect on account of race, color, national origin, ancestry, disability, or sex, with specific mention of:
  • decisions about pregnancy (own pregnancy decisions, including whether to become or remain pregnant)
  • gender identity or gender expression
  • sexual orientation
• Constitutional protection standard: Any state action that denies equal rights must use the least restrictive means to achieve a compelling government interest.
• Scope and interpretation: The term “state” includes the state itself, as well as its agencies and political subdivisions. The section is self-executing, meaning it would operate on its own without requiring additional laws to take effect.
• Relationship to existing rights: The amendment does not limit or narrow existing rights in the constitution, and it does not invalidate or prevent laws, regulations, programs, practices, or benefits designed to prevent or remedy discrimination on the listed characteristics.

Changes to Existing Law and Effects

• Elevates anti-discrimination protections to a constitutional level for a broad set of characteristics, including pregnancy-related decisions and LGBTQ+ protections.
• Introduces a strict-scrutiny style standard (least restrictive means to a compelling governmental interest) for state actions that would deny equal rights.
• Expands the reach of constitutional protections to include state agencies and local subdivisions, not just state-level actions.
• Creates a self-executing constitutional provision, reducing the need for downstream legislation to enforce these rights.

Voting and Effective Date

• Submission to voters: The amendment would be placed on the ballot at the 2026 general election.
• Effective date: If approved by voters, the amendment would take effect January 1, 2027.
• Ballot question: Voters would be asked whether the Minnesota Constitution should be amended to guarantee equal rights and prohibit discrimination on listed grounds, including pregnancy decisions, gender identity/expression, and sexual orientation.

Practical Implications (In Plain Terms)

• The state would have a constitutional obligation to treat people equally and not discriminate based on the listed characteristics.
• State laws and actions would need to be carefully justified if they limit equal rights, using the highest standard of justification (least restrictive means to a compelling interest).
• This could affect how policies related to pregnancy, gender identity, sexuality, disability, and racial/ethnic protections are designed and implemented.

Relevant Terms - equal rights - discrimination - race - color - national origin - ancestry - disability - sex - pregnancy decisions (own pregnancy, remain pregnant) - gender identity - gender expression - sexual orientation - least restrictive means - compelling governmental interest - state - agencies - political subdivisions - self-executing - constitutional amendment - Minnesota Constitution - 2026 general election - January 1, 2027