NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7990A
SPONSOR: Seawright 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 rights for women
PURPOSE OR GENERAL IDEA OF BILL:
This bill would amend the State Constitution to provide for equal rights
for women.
SUMMARY OF PROVISIONS:
Section one amends section 11 of article 1 of the constitution to guar-
antee equal protection of the laws of New York to persons on the basis
of sex.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
A clause to the original bill language was eliminated. The clause read,
"Women shall have equal rights in the State of New York and every place
subject to its jurisdiction. Equality of rights under the law shall not
be denied or abridged by New York State on account of sex."
JUSTIFICATION:
The New York State Constitution currently provides equal rights on the
basis of race, color, creed or religion. A noticeable absence is equal
rights for women. Most residents of this State assume that women would
have equal rights in the State Constitution.
The ERA is a constitutional amendment which would prohibit denying equal
rights under law by the State of New York on account of sex. This crit-
ical amendment would guarantee the equal rights of men and women in the
State of New York.
Equal rights between men and women have been taken for granted. It is
crucial to have this provision firmly in our Constitution to guard
against a roll back of women's rights in health, employment, domestic
violence and education. Laws can be passed by a majority vote of the
Legislature.
Nationally, the ERA passed Congress in 1972. It was passed with a ten
year ratification deadline. By 1982, the ERA was three states short of
the thirty-eight necessary for ratification. In March 2017, the State of
Nevada became the thirty-sixth state to ratify the ERA.
In 2017, the New York State Assembly passed a resolution with bi-parti-
san support and without negative votes calling on Congress to pass the
ERA amendment. This bill builds on that momentum by providing for an ERA
amendment in the great State of New York.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None noted.
EFFECTIVE DATE:
This bill must pass two successive Legislatures and then brought to the
people of New York in an Election.
