STATES WITH STATE ERAs: FROM THE BRENNAN CENTER FOR JUSTICE WEBSITE

April 19, 2024
Below are states with ERAs. (You can also download in PDF.) 1. ALASKA: “No person is to be denied the enjoyment of any civil or political right because of race, […]

Below are states with ERAs. (You can also download in PDF.)

1. ALASKA: “No person is to be denied the enjoyment of any civil or political right because of race, color, creed, sex, or national origin. The legislature shall implement this section.” Alaska Const. art. I, § 3 (1972).
2. ARIZONA: (limited gender equality provision) “This state shall not grant preferential treatment to or discriminate against any individual or group on the basis of race, sex, color, ethnicity or national origin in the operation of public employment, public education or public contracting.” Ariz. Const. art. II, § 36(A).
3. CALIFORNIA: “A person may not be disqualified from entering or pursuing a business, profession, vocation, or employment because of sex, race, creed, color, or national or ethnic origin.” Cal. Const. art. I, § 8 (1974).
4. COLORADO: “Equality of rights under the law shall not be denied or abridged by the state of Colorado or any of its political subdivisions on account of sex.” Colo. Const. art. II, § 29 (1972).
5. CONNECTICUTT: “No person shall be denied the equal protection of the law nor be subjected to segregation or discrimination in the exercise or enjoyment of his or her civil or political rights because of religion, race, color, ancestry, national origin, sex or physical or mental disability.” Conn. Const. art. I, § 20 (1974).
6. DELAWARE: “Equality of rights under the law shall not be denied or abridged on account of race, color, national origin, or sex.” Del.Const. art. I, § 21 (2019).
7. FLORIDA: “All natural persons, female and male alike, are equal before the law and have inalienable rights, among which are the right to enjoy and defend life and liberty, to pursue happiness, to be rewarded for industry, and to acquire, possess and protect property. No person shall
be deprived of any right because of race, religion, national origin, or physical disability.” Fla. Const. art. I, § 2 (1998).
8. HAWAII: “Equality of rights under the law shall not be denied or abridged by the State on account of sex. The legislature shall have the power to enforce, by appropriate legislation, the provisions of this section.” Haw. Const. art. I, § 3 (1972).
9. ILLINOIS: “The equal protection of the laws shall not be denied or abridged on account of sex by the State or its units of local government and school districts.” Ill. Const. art. I, § 18 (1970).
10. IOWA: “All men and women are, by nature, free and equal, and have certain inalienable rights — among which are those of enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.” Iowa Const. art. I, § 1 (1998).
11. LOUISIANA: (limited gender equality provision) “No person shall be denied the equal protection of the laws. No law shall discriminate against a person because of race or religious ideas, beliefs, or affiliations. No law shall arbitrarily, capriciously, or unreasonably discriminate against a person because of birth, age, sex, culture, physical condition, or political ideas or affiliations. Slavery and involuntary servitude are prohibited, except in the latter case as punishment for crime.” La. Const. art. I, § 3 (1974).
12. MARYLAND: “Equality of rights under the law shall not be abridged or denied because of sex.” Md. Dec. of R. art. 46 (1972).
13. MASSACHUSETTS “All people are born free and equal and have certain natural, essential and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing and protecting property; in fine, that of seeking and obtaining their safety and happiness. Equality under the law shall not be denied or abridged because of sex, race, color, creed or national origin.” Mass. Const. pt. 1, art. I (1976).
14. MICHIGAN: (limited gender equality provision) “The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting.” Mich. Const. art. I, § 26(2) (2006).
15. MONTANA: “Individual dignity. The dignity of the human being is inviolable. No person shall be denied the equal protection of the laws. Neither the state nor any person, firm, corporation, or institution shall discriminate against any person in the exercise of his civil or political rights on account of race, color, sex, culture, social origin or condition, or political or religious ideas.” Mont. Const. art. II, § 4 (1973).
16. NEBRASKA: (limited gender equality provision) “The state shall not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex, color, ethnicity, or national origin in the operation of public employment, public education, or public contracting . . . Nothing in this section prohibits bona fide qualifications based on sex that are reasonably necessary to the normal operation of public employment, public education, or public contracting.” Neb. Const. art. I, § 30 (2008).
17. NEVADA: “Equality of rights under the law shall not be denied or abridged by this State or any of its political subdivisions on account of race, color, creed, sex, sexual orientation, gender identity or expression, age, disability, ancestry or national origin.”
18. NEW HAMPSHIRE: “All men have certain natural, essential, and inherent rights — among which are, the enjoying and defending life and liberty; acquiring, possessing, and protecting, property; and, in a word, of seeking and obtaining happiness. Equality of rights under the law shall not be denied or abridged by this state on account of race, creed, color, sex or national origin.” N.H. Const. pt. I, art. 2 (1974).
19. NEW JERSEY: (limited gender equality provision) “Wherever in this Constitution the term ‘person,’ ‘persons,’ ‘people’ or any personal pronoun is used, the same shall be taken to include both sexes.” N.J. Const. art. X, § 4 (1947).
20. NEW MEXICO: “No person shall be deprived of life, liberty or property without due process of law; nor shall any person be denied equal protection of the laws. Equality of rights under law shall not be denied on account of the sex of any person.” N.M. Const. art. II, § 18 (1973).
21. OREGON: “No person shall be deprived of life, liberty or property without due process of law; nor shall any person be denied equal protection of the laws. Equality of rights under law shall not be denied on account of the sex of any person.” N.M. Const. art. II, § 18 (1973).
22. PENNSYLVANIA: “No person shall be deprived of life, liberty or property without due process of law; nor shall any person be denied equal protection of the laws. Equality of rights under law shall not be denied on account of the sex of any person.” N.M. Const. art. II, § 18 (1973).
23. RHODE ISLAND: (limited gender equality provision) “No person shall be deprived of life, liberty or property without due process of law, nor shall any person be denied equal protection of the laws. No otherwise qualified person shall, solely by reason of race, gender or handicap be subject to discrimination by the state, its agents or any person or entity doing business with the state. Nothing in this section shall be construed to grant or secure any right relating to abortion or the funding thereof.” R.I. Const. art. I, § 2 (1986).
24. TEXAS: “Equality under the law shall not be denied or abridged because of sex, race, color, creed, or national origin. This amendment is self-operative.” Tex. Const. art. I, § 3(a) (1972).
25. UTAH: “The rights of citizens of the State of Utah to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens of this State shall enjoy all civil, political and religious rights and privileges.” Utah Constitution, Article IV, §1 (1896).
26. VIRGINIA: “That no person shall be deprived of his life, liberty, or property without due process of law; that the General Assembly shall not pass any law impairing the obligation of contracts; and that the right to be free from any governmental discrimination upon the basis of religious conviction, race, color, sex, or national origin shall not be abridged, except that the mere separation of the sexes shall not be considered discrimination.” Va. Const. art. I, § 11 (1971).
27. WASHINGTON: “Equality of rights and responsibility under the law shall not be denied or abridged on account of sex.” Wash. Const. art. XXXI, § 1 (1972).
28. WYOMING: “In their inherent right to life, liberty and the pursuit of happiness, all members of the human race are equal.” Wyo. Const. art. I, § 2 (1890). “Since equality in the enjoyment of natural and civil rights is only made sure through political equality, the laws of this state affecting the political rights and privileges of its citizens shall be without distinction of race, color, sex, or any circumstance or condition whatsoever other than the individual incompetency or unworthiness duly ascertained by a court of competent jurisdiction.” Wyo. Const. art. I, § 3 (1890). “The rights of citizens of the state of Wyoming to vote and hold office shall not be denied or abridged on account of sex. Both male and female citizens of this state shall equally enjoy all civil, political and religious rights and privileges.” Wyo. Const. art. VI, § 1 (1890).

>>>> STATES CURRENTLY SEEKING A STATE ERA ARE:

  • MAINE
  • MINNESOTA
  • NEW YORK
  • VERMONT

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