State equal rights amendments facts for kids

States have special rules in their constitutions called state equal rights amendments (ERAs). These rules help protect people from being treated unfairly because of their sex. Some of these state ERAs are very similar to the bigger, proposed Federal Equal Rights Amendment for the whole country. Others are more like the Fourteenth Amendment in the U.S. Constitution, which also talks about equal protection.

When a court looks at a claim of unfair treatment, it uses different levels of review. These levels decide how much protection is given. The strongest level is called strict scrutiny. There's also an intermediate standard (middle level) and the least strict, called rational basis review. Courts look at the history of the law, what lawmakers intended, public rules, and past court decisions. This helps them decide how much protection to give against sex discrimination. Because of this, state rules can sometimes be different from federal (national) rules.

The highest court in the U.S., the Supreme Court, has said that claims of sex discrimination under the Fourteenth Amendment are looked at using the middle-level intermediate scrutiny. This is based on how federal courts have understood equality. Some state courts follow this idea for their own equality rules. But many other states with equal rights or equal protection rules say that their laws need the strongest level of review, strict scrutiny.

Stronger State Protection

About twenty states have decided that their state constitutions offer more protection against sex discrimination. Some states even say their ERAs mean that using sex to make legal differences or give out benefits is almost never allowed. Other states apply the strong strict scrutiny review.

Some things that often differ from federal protection include laws that seem fair but affect one sex more (called disparate impact). Also, whether the rule applies to private actions, and if sex is considered a "suspect classification" (meaning it needs very close review). Another difference is how they handle different treatment based on unique biological traits.

For example, states like Pennsylvania, Colorado, Washington, Maryland, and Massachusetts have very strong protections. Their courts have ruled that the main goal of their ERA was to stop using sex to create legal differences. Other states, like New Mexico, completely ban rules that use a physical trait unique to one sex or that unfairly affect women or men.

State vs. Private Actions

The Fourteenth Amendment of the U.S. Constitution only applies to actions done by the government (state actors). It does not cover unfair actions by private groups or people. However, many states have decided that their ERAs stop sex discrimination by private groups as well as government actions. This makes the protection much wider.

Laws with Unequal Effects

Courts look at a challenged action differently if it doesn't mention sex directly but still affects one sex much more than the other. This is called a "disparate impact." In federal law, courts usually don't use the stronger intermediate scrutiny for these kinds of actions unless there's clear proof that the action was meant to discriminate based on sex. But some state courts have decided that their ERAs protect against these kinds of actions, even if they seem neutral. They apply a higher level of review.

States Following Federal Rules

Fewer states have decided that their ERAs offer protection against sex discrimination that is more like the federal rules. For example, courts in Virginia, Rhode Island, Florida, and Utah have ruled that their constitutions only require the middle-level intermediate standard of review. This is similar to how the Equal Protection Clause is looked at.

Rhode Island courts have accepted this middle-level review. They said that their constitution's equality protection is not a "true ERA." They based this decision on the unique history and purpose of their state's laws.

States with Equal Rights Amendments

Many states have their own equal rights amendments or similar rules in their constitutions. These rules aim to ensure fairness for everyone. Here are some examples:

• Alaska – Says no one can be denied rights because of race, color, religion, sex, or national origin.
• California – States that a person cannot be stopped from a job or business because of sex, race, religion, color, or origin.
• Colorado – Says equal rights under the law cannot be denied by the state because of sex.
• Connecticut - No one can be denied equal protection or be discriminated against because of religion, race, color, background, national origin, or sex.
• Delaware - Equal rights under the law cannot be denied because of sex.
• Florida - All people, female and male, are equal before the law and have basic rights like liberty and property. No one can lose a right because of race, religion, national origin, or disability.
• Hawaii - Equal rights under the law cannot be denied by the State because of sex.
• Illinois - Equal protection of the laws cannot be denied because of sex by the State or local governments.
• Indiana - The government cannot give special privileges to some citizens that are not equally available to all.
• Iowa – All men and women are free and equal by nature and have rights like enjoying life and liberty, owning property, and seeking happiness.
• Louisiana - No one can be denied equal protection. Laws cannot unfairly discriminate based on race, religion, birth, age, sex, culture, physical condition, or political ideas.
• Maryland – Equal rights under the law cannot be taken away or denied because of sex.
• Massachusetts - All people are born free and equal with natural rights. Equality under the law cannot be denied because of sex, race, color, religion, or national origin.
• Montana – Says human dignity is important. No one can be denied equal protection. The state cannot discriminate based on race, color, sex, culture, social background, or political/religious ideas.
• Nebraska - The state cannot discriminate or give special treatment based on race, sex, color, ethnicity, or national origin in public jobs, education, or contracts.
• New Hampshire - All people have natural rights. Equal rights under the law cannot be denied by this state because of race, religion, color, sex, or national origin.
• New Jersey - Says that words like "person" or "people" in the Constitution include both sexes.
• New Mexico - No one can be denied life, liberty, or property without fair legal process. No one can be denied equal protection. Equal rights under law cannot be denied because of a person's sex.
• Oregon - Equal rights under the law cannot be denied by the state of Oregon or any local government because of sex.
• Pennsylvania - Equal rights under the law cannot be denied in Pennsylvania because of a person's sex.
• Rhode Island - No one can be denied life, liberty, or property without fair legal process. No one can be denied equal protection. No qualified person can be discriminated against by the state because of race, gender, or handicap.
• Texas - Equality under the law cannot be denied because of sex, race, color, religion, or national origin.
• Utah – The right to vote and hold office cannot be denied because of sex. Both male and female citizens have all civil, political, and religious rights.
• Virginia - No one can lose life, liberty, or property without fair legal process. The government cannot discriminate based on religious belief, race, color, sex, or national origin. However, simply separating sexes is not considered discrimination.
• Washington - Equal rights and responsibilities under the law cannot be denied because of sex.
• Wyoming – All people are equal in their right to life, liberty, and happiness. Laws about political rights must be fair to everyone, without distinction of race, color, sex, or other conditions, unless a court finds someone unable or unworthy. The right to vote and hold office cannot be denied because of sex. Both male and female citizens have all civil, political, and religious rights.

States Working on ERAs

Some states are still working to add an ERA to their constitution. This usually means it has to pass through their state legislature (like a mini-Congress) and sometimes be approved by voters.

• Maine: A state ERA passed one part of its legislature in 2022.
• Minnesota: A state ERA passed one part of its legislature in 2019.
• Nevada: A state ERA passed both parts of its legislature in 2019 and 2021. It still needs voters to approve it in a future election.
• New York: A state ERA passed its legislature in 2022.