Wisconsin Introduces State Equal Rights Amendment: What You Need to Know
MADISON, Wis. — On September 22, 2025, Wisconsin Democrats introduced a proposed Equal Rights Amendment (ERA) to the Wisconsin Constitution aimed at enshrining broad protections under state law. WisPolitics Below is a detailed look at what the amendment would do, how it fits into the larger history of the federal ERA, and the current gender pay gap that’s part of the reason proponents say the amendment is needed.
What the Wisconsin State ERA Would Do
- Sponsors:
The proposal is backed by Sen. LaTonya Johnson and Rep. Brienne Brown, along with Reps. Lori Palmeri, Lee Snodgrass, Lisa Subeck, and Tip McGuire. WisPolitics - Protected Classes:
The amendment would prohibit discrimination based on a wide range of characteristics, essentially matching prior versions in scope. The protected classes would include sex, gender identity, race, color, sexual orientation, disability, religion, national origin, marital status, family status, age, ancestry, or any other immutable characteristic. WisPolitics - Why It’s Being Proposed:
Advocates point to persistent inequalities — particularly in earnings and opportunities — that are not fully addressed by current state or federal laws. The rising visibility of gender identity issues and other forms of discrimination have also increased demand for clearer, broader constitutional protections. While not all the debate is public yet, these are the kinds of factors those behind the amendment are citing. (As with past ERAs, enforcement mechanisms, legal interpretations, and potential costs are likely to be part of the discussion ahead.)
Federal ERA: Timeline & Wisconsin’s Role
| Event | Date | What Happened |
|---|---|---|
| Passage in U.S. House | October 12, 1971 | The House of Representatives approved the ERA (H.J.Res. 208) by a large bipartisan majority. |
| Passage in U.S. Senate | March 22, 1972 | The Senate approved the ERA, with 84 votes in favor and 8 opposed. |
| State Ratification Deadline | Originally March 22, 1979; extended to June 30, 1982 | After Congress included a time limit, it was later extended — but the amendment did not achieve ratification by the required three-quarters (38) of the states before the deadline passed. |
| First State to Ratify | Hawaii, March 22, 1972 | The same day the Senate passed the ERA, Hawaii ratified. |
| Wisconsin’s Ratification | April 26, 1972 | Wisconsin’s legislature ratified the federal ERA on this date. While not the first, Wisconsin was part of the early wave of states ratifying soon after the amendment was sent to the states. |
Because it fell short of reaching the constitutional threshold by the 1982 deadline, the federal ERA has not become part of the U.S. Constitution despite later state ratifications.
The Gender Pay Gap in Wisconsin: Why ERA Supporters Say It Matters
One of the strongest arguments for an equal rights amendment is the persistence of income and employment disparities — especially along gender and racial lines.
- In 2023, women in Wisconsin who worked full-time in wage and salary positions earned a median usual weekly wage of $1,032, compared to $1,225 for men. That means women earned 84.2% of what men earned in those comparable full-time roles.
- Nationwide, the full-time women’s earnings ratio was about 83.6% of men’s in 2023.
- The gap is larger for women of color, who often face intersecting forms of discrimination. While state data may not always break this down in complete detail, reports and research show that women of color in Wisconsin (and elsewhere) frequently earn significantly less than white women and far less than men.
- A separate study in Wisconsin (“Women and Work,” State of Working Wisconsin 2024) found that women’s median wage was $22.03/hour versus $25.09/hour for men in 2023, meaning women earned about 88 cents on the dollar in that comparison. workingwi.org
These disparities are often tied to a mix of causes: occupational segregation (women concentrated in lower‐paying fields), part-time work, caregiving responsibilities, potential discrimination, and the effects of race, education, and geographic location. Supporters of the Wisconsin state ERA argue that constitutional protection would help strengthen enforcement and policy tools to reduce these gaps.
What’s Next & What to Watch
- The legislative process: The proposal must pass both houses of the Wisconsin Legislature, and likely face committee hearings. There will be debate over the exact wording, the reach of protected classes, enforcement, and potential costs or conflicts (e.g. with existing law, religious institutions, private vs. public sector).
- Legal interpretation: Even with constitutional language, actual impact depends on how courts interpret “immutable characteristics,” or how broadly they see “sex” and “gender identity.” Precedent, court composition, and state legal tradition will matter.
- Public engagement: Supporters will likely try to raise public awareness using data like the pay gap figures. Opponents may raise concerns about unintended consequences. Polling, advocacy, and stakeholder input will be important.
- Comparison to federal ERA: Because Wisconsin already ratified the 1972 federal ERA, some proponents may argue for renewed momentum on the national level. Legal questions around deadline extensions and whether or how the federal ERA can be “reactivated” or certified remain unresolved.
Why It’s Important
An ERA in Wisconsin would not just be symbolic. Constitutional protections can:
- Provide a stronger legal basis for lawsuits challenging discrimination.
- Require state laws and regulations to be interpreted in light of equality guarantees.
- Influence policy choices (e.g. pay equity, health care access, housing) in ways that ordinary legislation may not.
Given that significant gaps remain in earnings by gender and race even under current laws, many believe more robust constitutional safeguards are needed.
If you’d like, I can also pull together what opponents are saying, or how similar state ERAs have fared — or even what public opinion looks like here in Sheboygan / across Wisconsin. Do you want me to research that next?
Sources:
- Sen. Johnson, Rep. Brown: Introduce Equal Rights Amendment (Wispolitics) WisPolitics
- BLS, Women’s Earnings in Wisconsin — 2023 Bureau of Labor Statistics
- Women’s Earnings were 83.6 percent of men’s in 2023 (BLS) Bureau of Labor Statistics
- ERA History & Timeline (Senate, MarylandNOW, etc.)
- Working Wisconsin: Women and Work 2024 workingwi.org
Headline suggestions for SheboyganLife.com:
- “Wisconsin Moves to Add Equal Rights Amendment to State Constitution”
- “New State ERA Proposed as Gender Pay Gap Persists in Wisconsin”
Let me know how deep you want the coverage (legal, economic, human stories) and I can tailor more.
