What's happening
This bill proposes amending the New York State Constitution to explicitly prohibit discrimination based on sex in civil rights.
Why it matters
Makes sex discrimination explicitly unconstitutional in New York. By adding “sex” to the list of protected categories, the amendment ensures that discrimination based on sex is treated with the same constitutional seriousness as discrimination based on race, color, creed, or religion, affecting how courts and government agencies address such claims.
Strengthens legal recourse for individuals. This change would give individuals facing sex-based discrimination a clearer and more robust foundation for bringing lawsuits or complaints, potentially leading to stronger enforcement of gender equality in both public and private sectors.
Impacts laws, policies, and practices statewide. Any state or local law, regulation, policy, or action that discriminates on the basis of sex could be challenged as unconstitutional, which may prompt reviews and updates of existing laws, workplace policies, and institutional practices to ensure compliance.
Reflects evolving views on gender equality. By embedding sex equality in the state constitution, the amendment signals a significant commitment to gender equality, which could influence future legislation, shape public attitudes, and serve as a model for other states considering similar measures.
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Who cares
Headline styles
Add Sex to Equal Rights
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
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
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Sex-Based Discrimination
In Assembly Committee · Judiciary · Sponsor Rebecca Seawright
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3249
2019-2020 Regular Sessions
IN SENATE
February 5, 2019
Introduced by Sen. SALAZAR -- 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 rights for women
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.
LBD89009-01-9
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 equal rights for women
Purpose or general idea of bill
This bill would amend the State Constitution to provide for equal rights for women.
Summary of provisions
Section one amends section 11 of article 1 of the constitution to guar- antee equal protection of the laws of New York to persons on the basis of sex.
Difference between original and amended version (if applicable)
A clause to the original bill language was eliminated. The clause read, "Women shall have equal rights in the State of New York and every place subject to its jurisdiction. Equality of rights under the law shall not be denied or abridged by New York State on account of sex."
Justification
The New York State Constitution currently provides equal rights on the basis of race, color, creed or religion. A noticeable absence is equal rights for women. Most residents of this State assume that women would have equal rights in the State Constitution.
The ERA is a constitutional amendment which would prohibit denying equal rights under law by the State of New York on account of sex. This crit- ical amendment would guarantee the equal rights of men and women in the State of New York.
Equal rights between men and women have been taken for granted. It is crucial to have this provision firmly in our Constitution to guard against a roll back of women's rights in health, employment, domestic violence and education. Laws can be passed by a majority vote of the Legislature.
Nationally, the ERA passed Congress in 1972. It was passed with a ten year ratification deadline. By 1982, the ERA was three states short of the thirty-eight necessary for ratification. In March 2017, the State of Nevada became the thirty-sixth state to ratify the ERA. In 2017, the New York State Assembly passed a resolution with bi-partisan support and without negative votes calling on Congress to pass the ERA amendment. This bill builds on that momentum by providing for an ERA amendment in the great State of New York.
Prior legislative history
Passed Assembly in 2018.
Fiscal implications for state and local governments
None.
Effective date
This bill must pass two successive Legislatures and then brought to the people of New York in an Election.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.