STATE OF NEW YORK
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6354--A
2017-2018 Regular Sessions
IN SENATE
May 11, 2017
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Introduced by Sens. KRUEGER, BAILEY, CARLUCCI, DILAN, HOYLMAN, KAMINSKY,
KENNEDY, MONTGOMERY, PERALTA, PERSAUD, RIVERA, SANDERS, SERRANO,
STAVISKY -- read twice and ordered printed, and when printed to be
committed to the Committee on Judiciary -- recommitted to the Commit-
tee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
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 Assembly concur), That section 11 of arti-
2 cle 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, military status, physical or mental disability, other immu-
12 table or ascriptive characteristic, or like grounds for discrimination,
13 exclusion, or disadvantage, by any other person or by any firm, corpo-
14 ration, or institution, or by the state or any agency or subdivision of
15 the state.
16 The protection against discrimination afforded by this section is
17 self-executing. To that end, equal rights for purposes of this section
18 extend to every person whose protection against public and private
19 discrimination is needed to ensure an inclusive society with equal
20 opportunity for personal fulfillment and respect for everyone in New
21 York in all their diversity.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD89109-02-8
S. 6354--A 2
1 Nothing herein shall be used to invalidate a law, program, or activity
2 that is protected or required under this section. To the extent that
3 enforcement of any part of this section is finally declared invalid as
4 preempted by federal law, whether on constitutional or statutory
5 grounds, or finally determined to result in a loss of federal funding,
6 the state may by law provide that the enforcement of this section will
7 be curtailed to the minimum extent necessary to avoid such preemption or
8 loss of funding.
9 § 2. RESOLVED (if the Assembly concur), That the foregoing amendments
10 be referred to the first regular legislative session convening after the
11 next succeeding general election of members of the assembly, and, in
12 conformity with section 1 of article 19 of the constitution, be
13 published for three months previous to the time of such election.
