What's happening
This bill proposes a constitutional amendment to add disability as a protected category under New York’s equal protection and anti-discrimination laws.
Why it matters
Expanding legal protections. By adding "disability" to the list of protected categories in the state constitution, this amendment would raise protections for disabled individuals to the same constitutional level as protections against discrimination based on race, color, creed, or religion.
Permanent and broad impact. Constitutional protections are more difficult to change or remove than statutory laws, so this amendment would ensure long-lasting and stable anti-discrimination safeguards for people with disabilities across all areas of life in New York.
Stronger basis for legal challenges. Including disability in the state constitution would give disabled New Yorkers and their advocates a stronger legal foundation to challenge discriminatory practices by individuals, businesses, or government entities in court.
Signal of state values. This amendment would publicly affirm that disability rights are a core value in New York, potentially influencing local policies, public attitudes, and future legislative or judicial actions relating to accessibility and inclusion.
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Who cares
Headline styles
Add Disability to Equal Protection
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 39
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
1727
2019-2020 Regular Sessions
IN SENATE
January 16, 2019
Introduced by Sen. SKOUFIS -- 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 adding disability to the equal protection requirement
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, creed [or], religion or disability, 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 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 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.
LBD89025-01-9
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 adding disability to the equal protection requirement
Purpose or general idea of bill
Adds the term "disability" to the New York State Constitution's protections against discrimination.
Summary of provisions
Amends section 11 of article 1 of the Constitution to add the term "disability."
Justification
The New York State Constitution presently protects against discrimi- nation based on race, color, creed, and religion. This amendment seeks to constitutionally protect people with disabilities against discrimi- nation.
While steps have been taken in recent decades to improve equality and justice for people with disabilities, constitutional protections against discrimination are needed.
Prior legislative history
Assembly: 01/23/18 - Referred to Judiciary 01/25/18 - To Attorney General for opinion 02/14/18 - Opinion referred to Judiciary
Senate: 04/16/18 - Referred to Judiciary 04/27/18 - To Attorney General for opinion 05/14/18 - Opinion referred to Judiciary
Fiscal implications
None
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, in conformity with section of article of the constitution, be published for 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.