Researcher: MK Page 1 4/17/23
OLR Bill Analysis
sSJ 42
RESOLUTION PROPOSING A STATE CONSTITUTIONAL
AMENDMENT CONCERNING A RIGHT OF INDIVIDUAL PRIVACY.
SUMMARY
This resolution proposes a constitutional amendment to recognize
that the right of individual privacy is essential to the well-being of a free
society and must not be infringed without showing a compelling state
interest.
Under the proposed amendment, this right must include the right of
all (1) adults of this state to intimacy or marriage with another
consenting adult regardless of sex or race and (2) residents of this state
to reproductive freedom, including the ability to make and effectuate
decisions to prevent, continue, or end one’s own pregnancy. The
proposed amendment prohibits the state from directly or indirectly
denying, burdening, or abridging this right unless justified by a
compelling state interest achieved by the least restrictive means.
The resolution specifies that this amendment is intended to further,
and does not limit, the right to equal protection guaranteed under the
state Constitution.
The ballot designation to be used when the amendment is presented
at the general election is “Shall the Constitution of the State be amended
to recognize a right to individual privacy, including the right of adults
to intimacy and marriage with another adult regardless of sex or race
and the right of all residents to reproductive freedom and to prohibit the
state from infringing such right without showing a compelling state
interest?”
EFFECTIVE DATE: If the resolution passes by at least three-fourths
of the membership of each house of the General Assembly, it will be 2023SJ-00042-R000620-BA.DOCX
Researcher: MK Page 2 4/17/23
placed on the 2024 general election ballot. If it passes by a majority of
the membership of each house but less than three-fourths, it will be
referred to the 2025 session of the legislature. If it passes in that session
by a majority of each house, it will appear on the 2026 general election
ballot. If a majority of those voting on the amendment in the general
election approve it, the amendment will become part of the state
constitution.
COMMITTEE ACTION
Government Administration and Elections Committee
Joint Favorable Substitute
Yea 12 Nay 6 (03/27/2023)