Provides that no person shall be denied equal rights under the laws of this state or any subdivision thereof based on that person's sexual orientation or actual or perceived gender identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6664
SPONSOR: Burdick TITLE OF BILL:
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment
to article 1 of the constitution, in relation to equality of rights and
protection against discrimination based upon sexual orientation or
gender identification
PURPOSE OR GENERAL IDEA OF BILL:
To enshrine in the New York State Constitution the protections currently
in New York State Law.
SUMMARY OF PROVISIONS:
Section 1: Adds section 20 and subsections 20(a),(b),(c),(d),and(f)to
the New York State Constitution and provides that no person shall be
denied equal rights under the laws of this state or any subdivision
thereof based on that person's sexual orientation or actual or perceived
gender identity, appearance, behavior, expression, or other gender-re-
lated characteristic regardless of 7 the sex assigned to that person at
birth, including, but not limited to the status of being transgender.
Section 2: Establishes the effective date and constitutional amendment
procedure for the bill.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
This is a new bill.
JUSTIFICATION:
Across our United States of America, LGBTQ+ folks are under attack based
on their actual or perceived gender identity, sexual orientation and or
non-binary status.
This constitutional amendment takes existing laws and protections found
within New York State law and enshrines them in our state constitution,
to make a statement about New York's values and to provide the extra
level of protection that enshrining existing laws within the constitu-
tion provides.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
The foregoing amendment is to be referred to the first regular legisla-
tive 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.
STATE OF NEW YORK
________________________________________________________________________
6664
2023-2024 Regular Sessions
IN ASSEMBLY
April 26, 2023
___________
Introduced by M. of A. BURDICK -- read once and referred to the Commit-
tee on Governmental Operations
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY
proposing an amendment to article 1 of the constitution, in relation to
equality of rights and protection against discrimination based upon
sexual orientation or gender identification
1 Section 1. Resolved (if the Senate concur), That article 1 of the
2 constitution be amended by adding a new section 20 to read as follows:
3 § 20. (a) No person shall be denied equal rights under the laws of
4 this state or any subdivision thereof based on that person's sexual
5 orientation or actual or perceived gender identity, appearance, behav-
6 ior, expression, or other gender-related characteristic regardless of
7 the sex assigned to that person at birth, including, but not limited to,
8 the status of being transgender.
9 (b) No government entity, nor any entity acting in concert with or on
10 behalf of the government, shall discriminate against any person in
11 either intent or effect based on the characteristics listed in subdivi-
12 sion (a) of this section.
13 (c) Rights protected under this section shall include, but not be
14 limited to rights pertaining to public accommodations and facilities,
15 access to shared facilities in accordance with the person's gender iden-
16 tity, transportation, education, state and federal funding and programs,
17 employment, housing, credit, marriage, the judicial system, access to
18 insurance, access to medical care, including gender affirming health
19 care, contraceptive or other birth control measures, abortion or other
20 reproductive care, and reproductive outcomes, including live birth,
21 stillbirth, miscarriage or any other pregnancy outcomes.
22 (d) Nothing in this section shall invalidate or prevent the adoption
23 of any law, regulation, program, or practice that is designed to prevent
24 or dismantle discrimination on the basis of a characteristic listed in
25 this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89110-01-3
A. 6664 2
1 (e) Nothing in this section is intended to alter or diminish the
2 existing protections set forth in section eleven of this article.
3 (f) This section shall be self-executing.
4 § 2. Resolved (if the Senate concur), That the foregoing amendment be
5 referred to the first regular legislative session convening after the
6 next succeeding general election of members of the assembly, and, in
7 conformity with section 1 of article 19 of the constitution, be
8 published for three months previous to the time of such election.
