Bill S707-2013

Provides that no person shall because of their sex be subjected to any discrimination in his or her civil rights

Provides that no person shall because of sex 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.

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  • Feb 21, 2014: OPINION REFERRED TO JUDICIARY
  • Jan 13, 2014: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 8, 2014: REFERRED TO JUDICIARY
  • Feb 6, 2013: OPINION REFERRED TO JUDICIARY
  • Jan 11, 2013: TO ATTORNEY-GENERAL FOR OPINION
  • Jan 9, 2013: REFERRED TO JUDICIARY

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.


Text

STATE OF NEW YORK ________________________________________________________________________ 707 2013-2014 Regular Sessions IN 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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