Equal Rights Amendment

 A. 8461  Also  introduced in the Senate

                               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

     1    Section 1. RESOLVED (if the Senate concur), That section 11 of article
     2  1 of the constitution be amended to read as follows:
     3    §  11.  [No person shall be denied the equal protection of the laws of
     4  this state or any subdivision thereof. No person shall, because of race,
     5  color, creed or religion, be subjected to any discrimination in his or
     6  her civil rights by any other person or by any firm, corporation, or
     7  institution, or by the state or any agency or subdivision of the state.]
     8  Equality of rights shall not be denied or abridged because of race,
     9  color, creed, religion, national origin, citizenship, marital status,
    10  age, gender, sex, pregnancy, sexual orientation, gender identity or
    11  expression, physical or mental disability, other immutable or ascriptive
    12  characteristic, or like grounds for discrimination, exclusion, or disad-
    13  vantage, by any other person or by any firm, corporation, or institu-
    14  tion, or by the state or any agency or subdivision of the state.
    15    The protection against discrimination afforded by this section is
    16  self-executing. To that end, equal rights for purposes of this section
    17  extend to every person whose protection against public and private
    18  discrimination is needed to ensure an inclusive society with equal
    19  opportunity for personal fulfillment and respect for everyone in New
    20  York in all their diversity.
    21    Nothing herein shall be used to invalidate a law, program, or activity
    22  that is protected or required under this section. To the extent that
    23  enforcement of any part of this section is finally declared invalid as
    24  preempted by federal law, whether on constitutional or statutory
    25  grounds, or finally determined to result in a loss of federal funding,
    26  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
 
     1  be curtailed to the minimum extent necessary to avoid such preemption or
     2  loss of funding.
     3    § 2. RESOLVED (if the Senate concur), That the foregoing amendments be
     4  referred  to  the  first regular legislative session convening after the
     5  next succeeding general election of members of  the  assembly,  and,  in
     6  conformity  with  section  1  of  article  19  of  the  constitution, be
     7  published for three months previous to the time of such election.

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