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General Assembly Senate Joint
Resolution No. 42
January Session, 2023
LCO No. 6036
Referred to Committee on GOVERNMENT ADMINISTRATION
AND ELECTIONS
Introduced by:
(GAE)
RESOLUTION PROPOSING A STATE CONSTITUTIONAL
AMENDMENT CONCERNING A RIGHT TO PRIVACY.
Resolved by this Assembly:
That the following be proposed as an amendment to the Constitution 1
of the State, which, when approved and adopted in the manner 2
provided by the Constitution, shall, to all intents and purposes, become 3
a part thereof: 4
Article first of the Constitution is amended by adding section 21 as 5
follows: 6
Sec. 21. The right of individual privacy is essential to the well-being 7
of a free society and shall not be infringed without the showing of a 8
compelling state interest. Such right shall include, but not be limited to, 9
the fundamental right to reproductive freedom, including, but not 10
limited to, the ability to make and effectuate decisions to prevent, 11
continue or end one's own pregnancy. The state may not, directly or 12
indirectly, deny, burden or abridge such right unless justified by a 13
compelling state interest achieved by the least restrictive means. This 14 Senate Joint Resolution No. 42
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section is intended to further the constitutional right to not be denied 15
equal protection guaranteed by Section 20 of this article and is not a 16
limitation on such right. 17
RESOLVED: That the foregoing proposed amendme nt to the 18
Constitution be continued to the next session of the General Assembly 19
elected at the general election to be held on November 5, 2024, and 20
published with the laws passed at the present session, or be presented 21
to the electors at the general election to be held on November 5, 2024, 22
whichever the case may be, according to article sixth of the amendments 23
to the Constitution. The designation of said proposed amendment to be 24
used on the ballots at such election shall be "Shall the Constitution of the 25
State be amended to recognize a right to individual privacy and to 26
prohibit the state from infringing such right without showing a 27
compelling state interest?" 28