S707-2013 Actions

• Feb 6, 2013: OPINION REFERRED TO JUDICIARY
• Jan 11, 2013: TO ATTORNEY-GENERAL FOR OPINION
• Jan 9, 2013: REFERRED TO JUDICIARY

S707-2013 Memo

BILL NUMBER:S707

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 protection of laws

PURPOSE OR GENERAL IDEA OF BILL:
This establishes an Equal Rights Amendment (ERA) to the New York State
Constitution to insure that no person in the State of New York will
be denied equal protection of the laws based on the sex of the person.

SUMMARY OF SPECIFIC PROVISIONS:
Adds the category of "sex" to the protected categories of section 11
of article 1 to the New York State Constitution.

JUSTIFICATION:
Only a constitutional amendment will guarantee that women and men are
treated equally under the law. Further, a constitutional amendment
will require that the courts of New York use a strict scrutiny
standard when reviewing cases of sex discrimination. In the 21st
century, in New York, it is inconceivable that women do not have the
constitutional protection of being treated equally under the law.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.2920 - Died in the Judiciary
2010:    S.3489/A.1642 - Died on Third Reading/Died in Assembly
         Judiciary
2009:    S.3489/A.1642 - Died in Senate Judiciary/Died in
         Assembly Judiciary
2007:08: A.1267/S.1764 - Referred to Assembly Judiciary Committee
         Referred to Senate
2005-06: A.3465/S.1864 Referred to Assembly Judiciary Committee.
         Referred to Senate
2003-04: A.11831 Referred to Judiciary

FISCAL IMPLICATIONS:
Minimal, if any.

EFFECTIVE DATE:
RESOLVED (if the Assembly concur), That the foregoing amendments
be referred to the first regular legislative session convening after
the next succeeding general election of members of the assembly, and,
conformity with section 1 of article 19 of the constitution, be
published for 3 months previous to the time of such election.

S707-2013 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                          707
 2013-2014 Regular Sessions
 I N  SENATE
 (PREFILED)
 January 9, 2013
 
 Introduced  by  Sen.  PARKER -- 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 protection of laws
 

Section 1. RESOLVED (if the Assembly concur), That section 11 of arti
 cle 1 of the constitution be amended to read as follows:

 

S  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.
 

S  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.
 LBD89027-01-3

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