Details and Information

LD260, the Maine Inclusive Equal Rights Amendment, is a proposed addition to the Maine constitution that says:

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“Equality of rights under the law may not be denied or abridged by the State or any political subdivision of the State based on the actual or perceived race, color, religion, sex, sexual orientation, gender identity, gender expression, age, physical or mental disability, ancestry or national origin of an individual. The Legislature has the power to enforce this section by appropriate legislation.”

 

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 Constitution.

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.

 

Frequently Asked Questions

 

Why are we talking about a state ERA? I thought the ERA was a Federal amendment.

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. In 2020, Virgina ratified the Federal ERA, becoming the 38th state to do so, and fulfilling the constitutional requirements for it to become the 28th Amendment. However, the efforts to publish and implement the now fully ratified ERA have faced opposition and 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 working to pass broader human rights protections in their constitutions, often called an "Inclusive Equal Rights Amendment”.

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What does an Inclusive Equal Rights Amendment do?

Nowhere in the Maine (or U.S.!) Constitutions are equal rights for all people explicitly guaranteed. In addition to protection from sex discrimination, the inclusive state ERA would include protections against discrimination by race, religion, gender identity and expression, age, disability and national origin. These are overlapping discriminations that occur most frequently. It’s time for Maine to do the right thing. Unlike laws, which can be easily changed or repealed, a constitutional amendment has a higher threshold for being changed and/or rolled back, so it’s a better way to establish rights.

 

An Inclusive ERA would 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 - and ensures that even if statutes or laws change, equal rights for all are still protected in Maine's constitution.

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What about the Maine Human Rights Act? 

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 does still occur! 

 

Embedding equal rights as a fundamental requirement in the state constitution would be the next step to addressing systemic discrimination. Mirroring the protection outlined in the MHRA, the Maine Inclusive ERA's guarantee of equal rights on the basis of “race, color, sex, sexual orientation or gender identity, physical or mental disability, religion, ancestry or national origin" would make it easier to monitor and enforce violations of these rights.

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What’s the recent history of the state ERA in Maine?

The late Rep. Lois Galgay Reckitt introduced an amendment in the 2016 Legislature that was similar to the federal ERA, prohibiting sex discrimination. It has been reintroduced each session since then. In the 2022 session, she broadened the language to be an "Inclusive Equal Rights Amendment."

 

In previous legislative sessions, the ERA has won a majority of votes. However, in order to pass a constitutional amendment through the Maine state legislature, the bill needs a two-thirds majority in both the House and Senate, not just a simple majority like a regular bill. Once it crosses this challenging hurdle, it will go onto the ballot as a referendum for the people to vote on. Our current efforts are to win the 2/3 majority vote in this 2025 session. 

 

What should I know about the Inclusive ERA bill introduced this year, LD260?

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, to meet the 2/3 requirement, even more representatives and senators must be persuaded to support this amendment, and to vote in alignment with their constituents' values. The majority of Mainers (69%!) are in favor of a state ERA.

 

This year, a broad coalition of organizations has formed the Maine ERA For All! Coalition to advocate for the passage of a Maine state ERA. These organizations, and a growing number of individuals, are all committed to establishing human rights in Maine's constitution!