S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8461
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               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

   Section 1. RESOLVED (if the Senate concur), That section 11 of article
 1 of the constitution be amended to read as follows:
   §  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, 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.]
 EQUALITY OF RIGHTS SHALL NOT BE DENIED  OR  ABRIDGED  BECAUSE  OF  RACE,
 COLOR,  CREED,  RELIGION,  NATIONAL ORIGIN, CITIZENSHIP, MARITAL STATUS,
 AGE, GENDER, SEX, PREGNANCY,  SEXUAL  ORIENTATION,  GENDER  IDENTITY  OR
 EXPRESSION, PHYSICAL OR MENTAL DISABILITY, OTHER IMMUTABLE OR ASCRIPTIVE
 CHARACTERISTIC, OR LIKE GROUNDS FOR DISCRIMINATION, EXCLUSION, OR DISAD-
 VANTAGE,  BY  ANY  OTHER PERSON OR BY ANY FIRM, CORPORATION, OR INSTITU-
 TION, OR BY THE STATE OR ANY AGENCY OR SUBDIVISION OF THE STATE.
   THE PROTECTION AGAINST DISCRIMINATION  AFFORDED  BY  THIS  SECTION  IS
 SELF-EXECUTING.  TO  THAT END, EQUAL RIGHTS FOR PURPOSES OF THIS SECTION
 EXTEND TO EVERY PERSON  WHOSE  PROTECTION  AGAINST  PUBLIC  AND  PRIVATE
 DISCRIMINATION  IS  NEEDED  TO  ENSURE  AN  INCLUSIVE SOCIETY WITH EQUAL
 OPPORTUNITY FOR PERSONAL FULFILLMENT AND RESPECT  FOR  EVERYONE  IN  NEW
 YORK IN ALL THEIR DIVERSITY.
   NOTHING HEREIN SHALL BE USED TO INVALIDATE A LAW, PROGRAM, OR ACTIVITY
 THAT  IS  PROTECTED  OR  REQUIRED UNDER THIS SECTION. TO THE EXTENT THAT
 ENFORCEMENT OF ANY PART OF THIS SECTION IS FINALLY DECLARED  INVALID  AS
 PREEMPTED  BY  FEDERAL  LAW,  WHETHER  ON  CONSTITUTIONAL  OR  STATUTORY
 GROUNDS, OR FINALLY DETERMINED TO RESULT IN A LOSS OF  FEDERAL  FUNDING,
 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
 
 BE CURTAILED TO THE MINIMUM EXTENT NECESSARY TO AVOID SUCH PREEMPTION OR
 LOSS OF FUNDING.
   § 2. RESOLVED (if the Senate 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,  in
 conformity  with  section  1  of  article  19  of  the  constitution, be
 published for three months previous to the time of such election.