What's happening
This bill proposes amending the state constitution to explicitly prohibit discrimination based on sex in civil rights protections.
Why it matters
Strengthens legal protections. By explicitly adding "sex" to the list of protected categories, the amendment would make it easier to challenge discrimination based on sex in courts, ensuring clearer legal recourse for victims.
Impacts a wide range of areas. The change would apply to all civil rights contexts in New York, potentially affecting employment, education, housing, and access to public services wherever discrimination on the basis of sex might occur.
Aligns state law with broader equality movements. This amendment reflects ongoing efforts to enshrine sex equality in foundational legal documents, similar to federal Equal Rights Amendment proposals and other state constitutions, potentially influencing future policy debates and legislation.
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Who cares
Headline styles
Ban Sex-Based Discrimination
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- 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
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2354
2017-2018 Regular Sessions
IN SENATE
January 13, 2017
Introduced by Sens. PARKER, AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 11 of article 1 of the constitution, in relation to equal protection of laws
Section 1. RESOLVED (if the Assembly 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, sex, 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.
§ 2. RESOLVED (if the Assembly concur), That the foregoing amendment 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 3 months previous to the time of such election.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89068-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to section 11 of article 1 of the constitution, in relation to equal protection of laws
Purpose or general idea of bill
This establishes an Equal Rights Amendment (ERA) to the New York State Constitution to insure that no person in the State of New York will be denied equal protection of the laws based on the sex of the person.
Summary of specific provisions
Adds the category of "sex" to the protected categories of section 11 of article 1 to the New York State Constitution.
Justification
Only a constitutional amendment will guarantee that women and men are treated equally under the law. Further, a constitutional amendment will require that the courts of New York use a strict scrutiny standard when reviewing cases of sex discrimination. In the 21st century, in New York, it is inconceivable that women do not have the constitutional protection of being treated equally under the law.
Prior legislative history
2015-16: S.199 - Opinion Referred to Judiciary 2013-14: S.707 - Opinion Referred to Judiciary 2011-12: S.2920 - Died in the Judiciary 2010: S.3489/A.1642 - Died on Third Reading/Died in Assembly Judiciary 2009: S.3489/A.1642 - Died in Senate Judiciary/Died in Assembly Judiciary 2007:08: A.1267/S.1764 - Referred to Assembly Judiciary Committee Referred to Senate 2005-06: A.3465/S.1864 Referred to Assembly Judiciary Committee. Referred to Senate 2003-04: A.11831 Referred to Judiciary
Fiscal implications
Minimal, if any.
Effective date
RESOLVED (if the Assembly 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, conformity with section 1 of article 19 of the constitution, be published for 3 months previous to the time of such election.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.