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One major problem with the Equal Rights Amendment proposed this session at the Minnesota Legislature is its ambiguity around sex and gender ("House DFLers push for expanded ERA on ballot," front page, April 7).
Western countries segregate a few spaces such as locker rooms, hospital and nursing home rooms, prisons, bathrooms and shelters by sex for good reason. Some men prey upon women, and women are smaller and weaker on average. Segregated spaces provide a measure of safety. We have segregated athletics by sex because of the performance gap between men and women which ranges between 10% and 50% depending on the sport. We often segregate data by sex because it allows us to recognize differences in needs and well-being for the sexes.
The proposed Equal Rights Amendment grants equality under law for both sex and gender identity. The amendment does not specify what happens when sex and gender identity are at odds in cases of sex segregation. I wholeheartedly support equal rights for transgender people. The question is whether their rights should be based on sex or gender when sex segregation is required. Do only people of the female sex have the right to participate on women's sports teams? Or do only people with female gender identities have the right to participate on women's sports teams? Do male sex offenders with female gender identities have a right to be housed in women's prisons? The Equal Rights Amendment, as written, provides no answer.
Trans women (aka trans-identified males) share certain problems with women. They do experience male violence. The solution should not be to open women's spaces to any male with a female identity. Women are not human shields. Society should either provide separate spaces for transgender people and/or prosecute the men who visit violence upon them. Does prosecution stop all violence? Both women and people of color can tell you no, but it is one of the few tools we have for fighting hate crime.
Trans women lose some muscle mass when taking testosterone suppressants which decreases their athletic ability. The muscle mass loss is small compared with males' overall advantage in strength over females. For that reason, women's sports should not be offered as a consolation prize for males who have lost some competitive advantage due to medical treatments. Ways must be found to allow transgender participation in sports without jeopardizing safety and fairness for women.
Whether rights involving segregated spaces, activities and data collection will be based on sex or gender identity is an important question, one that would determine many people's votes on an ERA. The Legislature must provide clarity, so Minnesotans know what they are voting into law if the ERA ever appears on the ballot. (Approval of the amendment by the House and Senate this session would put it before voters in November 2026.)
If we go through the trouble of asking Minnesotans to vote on an ERA, why not also ask them whether rights should be based on sex or gender when sex segregation is required. The Legislature should give Minnesotans a real say in shaping our constitution.
Susan Illg, of St. Paul, is affiliated with Democrats for an Informed Approach to Gender.
