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General Assembly Substitute Senate Joint
Resolution No. 42
January Session, 2023
RESOLUTION PROPOSING A STATE CONSTITUTIONAL
AMENDMENT CONCERNING A RIGHT OF INDIVIDUAL PRIVACY.
Resolved by this Assembly:
That the following be proposed as an amendment to the 1
Constitution of the State, which, when approved and adopted in the 2
manner provided by the Constitution, shall, to all intents and 3
purposes, become 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 the right of all adults 9
of this state to intimacy or marriage with another consenting adult 10
regardless of sex or race, and the right of all residents of this state to 11
reproductive freedom, including, but not limited to, the ability to make 12
and effectuate decisions to prevent, continue or end one's own 13
pregnancy. The state may not, directly or indirectly, deny, burden or 14
abridge such right unless justified by a compelling state interest 15
achieved by the least restrictive means. This section is intended to 16
further the constitutional right to not be denied the equal protection of 17
the law guaranteed by Section 20 of this article and is not a limitation 18 Substitute Senate Joint Resolution No. 42
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on such right. 19
RESOLVED: That the foregoing proposed amendment to the 20
Constitution be continued to the next session of the General Assembly 21
elected at the general election to be held on November 5, 2024, and 22
published with the laws passed at the present session, or be presented 23
to the electors at the general election to be held on November 5, 2024, 24
whichever the case may be, according to article sixth of the 25
amendments to the Constitution. The designation of said proposed 26
amendment to be used on the ballots at such election shall be "Shall the 27
Constitution of the State be amended to recognize a right of individual 28
privacy, including the right of adults to intimacy and marriage with 29
another adult regardless of sex or race and the right of all residents to 30
reproductive freedom, and to prohibit the state from infringing such 31
right without showing a compelling state interest?" 32
Statement of Legislative Commissioners:
In Section 21, after "equal protection", "of the law" was added for
accuracy.
GAE Joint Favorable Subst.