What's happening
This bill amends the state constitution to prohibit discrimination based on age, national origin, or sexual orientation.
Why it matters
Expands constitutional protections. By explicitly adding "age," "national origin," and "sexual orientation" to the list of protected categories, the amendment strengthens civil rights guarantees and makes it harder for state or local governments—or private actors—to justify or defend discrimination on these bases.
Direct impact on future laws, policies, and court decisions. Embedding these protections in the state constitution raises the standard for any existing or future laws, regulations, or policies that might disproportionately affect people based on age, national origin, or sexual orientation, giving those affected stronger legal grounds to challenge such measures.
Signals state values and may influence broader trends. Amending the constitution sends a powerful message about New York’s commitment to equality and can set a precedent or encourage similar actions in other states, potentially shaping the national conversation around civil rights.
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Who cares
Headline styles
Ban Age, Origin, Orientation Bias
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
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4453
2019-2020 Regular Sessions
IN SENATE
March 12, 2019
Introduced by Sen. THOMAS -- read twice and ordered printed, and when printed to be committed 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 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, age, national origin, sexual orientation 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 three months previous to the time of such election.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD89120-01-9
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 amendments to section 11 of article 1 of the constitution, in relation to equality of rights and protection against discrimination
Purpose or general idea of bill
To add "age, national origin, sexual orientation" to the New York State Constitution's protections against discrimination.
Summary of provisions
Section 1 of the concurrent resolution amends section 11 of article 1 of the NYS Constitution to add age, national origin, sexual orientation to the list of classes protected by the equal protection clause of the New York State Constitution.
Section 2 of the concurrent resolution calls for the reconsideration of the concurrent resolution following a general election of the Assembly, along with public publishing requirements, so as to comply with the constitution.
Justification
Federal law creates protected classes for race, color, religion or creed, national origin, sex, age, mental or physical disability, veteran status and genetic information. Other protected classes may exist under state or local law.
This bill adds three new protected classes to the state constitution, age, national origin, and sexual orientation. A protected class is a group of people with a similar characteristic protected from discrimi- nation by law.
Not only is discrimination unfair, but it also causes harm to the indi- viduals subject to it and our society. Several studies have indicated that individuals belonging to groups that are discriminated against face a significant wage gap (around 15%) when compared to those who do not. Moreover, a 2016 study by the National Institutes of Health found that LGBTQ people who are discriminated against are more likely to have mental health and substance abuse problems than those not discriminated against.
The consequences of discrimination are clear. New York State has an obligation to protect its citizens from these unfair and harmful prac- tices. Making sexual orientation, national identity, and age protected classes in the New York State constitution will increase the protections for these groups, and provide these individuals assurance that they will be treated equally.
Prior legislative history
New bill.
Fiscal implications for state and local governments
None.
Effective date
If reapproved by the legislature following the general election of the Assembly, the amendment will be submitted to the voters of the State of New York. If a majority of voters casting a ballot approve the measure, the amendment will go into effect on the first day of January following the date of the voters' approval.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.