You’re right! For more than a century, people have advocated for a Federal Equal Rights Amendment to be added to the U.S. constitution. However, the efforts to publish and implement the now fully ratified Federal ERA remain ongoing.

This is why we fight for an ERA on the state level! Mainers cannot wait on Congress to act. NOW is the time to establish human rights in Maine's constitution to demand equality for ALL! We are not alone in making this move– many states have already implemented state-level versions of an ERA in their state constitutions. 29 states have explicit sex equality protections within their constitutions, and a growing number, like Maine, are passing broader human rights protections in their constitutions, often called an "Inclusive Equal Rights Amendment”.

An Inclusive Equal Rights Amendment in the Maine Constitution would:

1. Finally include equal rights for ALL individuals in any protected class in Maine’s foundational legal document. (see the next drop down for more on who is protected!)

2. Give the state of Maine new tools to address discrimination and violations of civil rights that have not yet been, or cannot fully be, addressed by state law.

3. Ensure that even if state statutes or laws change, equal rights for all are still protected in Maine's constitution– something 29 states have already done.

Equality is not guaranteed in our foundational legal documents-- Neither the United States’ or Maine’s constitution protects people from discrimination based on their identities.

Maine has a very robust state law (the “Maine Human Rights Act” (the MHRA)) aimed at preventing and addressing discrimination in the state - it protects Mainers based on a set of “protected classes”: actual or perceived race, color, religion, sex, sexual orientation, gender identity, gender expression, age, physical or mental disability, ancestry or national origin. And while those protections in law are crucially important, discrimination certainly does still occur! 

Embedding equal rights as a fundamental requirement in our state constitution would be the next step to addressing systemic discrimination. Mirroring the protections outlined in the MHRA, the Maine Inclusive ERA would guarantee equal rights on the basis of “race, color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry or national origin.”

The late Rep. Lois Galgay Reckitt introduced a sex-equality focused "Maine Equal Rights Amendment" in the 2016 Legislative session and it has been reintroduced each session since then. In the 2022 session, she broadened the language to be an "Inclusive Equal Rights Amendment." 

Now led by Representative Holly Sargent and Senator Rachel Talbot Ross, the momentum to pass an Inclusive ERA in Maine's constitution is growing: This year’s bill, LD260, is co-sponsored by over 90 legislators (the most ever!). However, in order to pass a constitutional amendment through the legislature, the bill needs ⅔ majority support (not just a simple majority like a regular bill). Efforts to get support from 2/3rds of Maine legislators for passage of the bill remain ongoing. 

Maine has a very robust state law (the “Maine Human Rights Act” (the MHRA) aimed atpreventing and addressing discrimination in the state - it protects Mainers based on a set of “protected classes”: actual or perceived race, color, religion, sex, sexual orientation, gender identity, gender expression, age, physical or mental disability, ancestry or national origin. And while those protections in law are crucially important, discrimination does still occur! 

Embedding equal rights as a fundamental requirement in the state constitution would be the next step to addressing systemic discrimination. The language in LD 260 directly mirrors the protections outlined in the MHRA.

A constitutional amendment is a formal change or addition to the constitution, which serves as the foundational legal document of the country or state. In Maine, the process involves introducing a bill, gaining support from the Judiciary Committee, securing a two-thirds vote in both the House and Senate, and ultimately putting the amendment to a referendum vote where a simple majority decides its fate.

While Maine has several critical laws that address human rights, a constitutional amendment has a higher threshold for being changed and/or rolled back, so is inherently more robust for establishing rights.

23 states have Equal Rights Amendments and 6 additional states have provisions establishing gender equality. 3 states in addition to Maine are currently working on passing an Equal Rights Amendments. Maine is becoming an outlier– including in comparison to our New England neighbors– in not having an ERA in our state constitution.