What's happening
This bill proposes a constitutional amendment to expand and strengthen protections against discrimination in New York based on various personal characteristics.
Why it matters
Broader anti-discrimination coverage. The amendment significantly expands the list of protected characteristics, including citizenship, marital status, age, sex, pregnancy, sexual orientation, gender identity or expression, disability, and other "immutable or ascriptive characteristics." This could provide stronger and more explicit protections for many groups not explicitly covered before.
Direct and automatic legal force. By stating that these protections are "self-executing," the amendment makes clear that individuals can directly invoke these rights in court without needing additional enabling legislation. This could make it easier and faster for people to challenge discrimination.
Explicit inclusion of private actors. The amendment applies to discrimination by not only the state, but also by individuals, firms, corporations, and institutions. This broadens the scope of who can be held accountable for discrimination, potentially affecting businesses, landlords, schools, and more.
Safeguards for existing laws and federal compliance. The language ensures that anti-discrimination laws or affirmative action programs cannot be invalidated under the guise of this amendment. It also allows the state to limit enforcement only as much as necessary to comply with federal law or funding requirements, protecting state interests while minimizing the loss of rights.
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Who cares
Headline styles
Expand Equality Protections
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Enacting clause stricken
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8461
2017-2018 Regular Sessions
IN ASSEMBLY
June 16, 2017
Introduced by M. of A. MAYER -- read once and referred to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing amendments to section 11 of article 1 of the constitution, in relation to equality of rights and protection against discrimination
Section 1. RESOLVED (if the Senate concur), That section 11 of article 1 of the constitution be amended to read as follows:
§ 11. [No person shall be denied the equal protection of the laws of this state or any subdivision thereof. No person shall, because of race, color, creed or religion, be subjected to any discrimination in his or her civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state.] Equality of rights shall not be denied or abridged because of race, color, creed, religion, national origin, citizenship, marital status, age, gender, sex, pregnancy, sexual orientation, gender identity or expression, physical or mental disability, other immutable or ascriptive characteristic, or like grounds for discrimination, exclusion, or disadvantage, by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state.
The protection against discrimination afforded by this section is self-executing. To that end, equal rights for purposes of this section extend to every person whose protection against public and private discrimination is needed to ensure an inclusive society with equal opportunity for personal fulfillment and respect for everyone in New York in all their diversity.
Nothing herein shall be used to invalidate a law, program, or activity that is protected or required under this section. To the extent that enforcement of any part of this section is finally declared invalid as preempted by federal law, whether on constitutional or statutory grounds, or finally determined to result in a loss of federal funding, the state may by law provide that the enforcement of this section will
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89109-01-7
A. 8461 2
be curtailed to the minimum extent necessary to avoid such preemption or loss of funding.
§ 2. RESOLVED (if the Senate concur), That the foregoing amendments be referred to the first regular legislative session convening after the next succeeding general election of members of the assembly, and, in conformity with section 1 of article 19 of the constitution, be published for three months previous to the time of such election.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.