The ERA, or Equal Rights Amendment, is a proposed constitutional amendment which would guarantee equal legal rights for all Americans regardless of sex or gender. By including these protections in the Constitution, the ERA aims to provide a foundation for fair treatment and equal opportunities for all individuals, regardless of gender. 

Many states, including Maine, are moving toward an “Inclusive ERA”, which would protect against discrimination not only for sex and gender, but also protect against forms of discrimination including sexual orientation, gender identity, gender expression, disability, race, or national origin. text goes here

An Inclusive ERA gives us new tools to address discrimination and violations of civil rights that have not yet been fixed by statute - and ensures that even if statutes, or laws, change, we still have access to Constitutional protections. This Constitutional protection could help address issues like the race and gender pay gap and other workplace protections, especially sexual harassment; healthcare bias and discrimination such as gender-rating discrimination in insurance; and gender and race based violence, requiring stronger accountability and investment in these systems.

While the Federal ERA was initially proposed and ratified by the required 38 states including Maine, it stalled in the 1980s due to political obstacles, leaving it unadopted despite widespread support. Its full implementation has been hindered by congressional procedures, legal challenges, and persistent opposition, prompting some states to seek additional protections against sex discrimination through state-level measures. The efforts to pass a Federal ERA remain ongoing. 

The key difference between the Maine and Federal ERA lies in the breadth of their protections and legal implications. The Maine ERA incorporates protections outlined in the Maine Human Rights Act, making it an “Inclusive ERA”. By embedding these protections into the state constitution, Maine assumes greater responsibility for combating discrimination, as constitutional amendments mandate courts to view related laws with the strictest scrutiny, ensuring maximal protections.

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.

22 states already 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.