HLS 21RS-333 ORIGINAL 2021 Regular Session HOUSE CONCURRENT RESOL UTION NO. 66 BY REPRESENTATIVE CARRIER CEMETERIES: Provides relative to the burial of certain persons 1 A CONCURRENT RESOL UTION 2To direct all cemeteries, cemetery authorities, cemetery management organizations, 3 cemetery sales organizations, and cemetery directors in the state to end 4 discriminatory burial practices and to remove any racially restrictive covenants or 5 race-based restrictions from their operating agreements, articles of incorporation, 6 charters, bylaws, sales contracts, and other organizational documents or contracts in 7 order to ensure that the citizens of Louisiana are allowed to bury their loved ones 8 with dignity. 9 WHEREAS, the care of remains, including the burial of deceased loved ones, is a 10matter of great concern and significance; and 11 WHEREAS, all people should have the option to be buried in a cemetery of their 12choice regardless of race; and 13 WHEREAS, racially restrictive covenants became more prevalent beginning in 1917, 14when the United States Supreme Court determined that segregation ordinances violated the 15Fourteenth Amendment of the Constitution of the United States of America; and 16 WHEREAS, until the 1950s, about ninety percent of all public cemeteries in the 17United States had rules and regulations which included racially restrictive covenants; and 18 WHEREAS, the United States Supreme Court, in 1948, decided that racially 19restrictive covenants are unenforceable by state because such enforcement violates the 20Fourteenth Amendment of the Constitution of the United States of America; and Page 1 of 2 HLS 21RS-333 ORIGINAL HCR NO. 66 1 WHEREAS, Article I, Section 12 of the Constitution of Louisiana prohibits racial 2discrimination in regard to access to public areas, accommodations, and facilities; and 3 WHEREAS, if our state is to consistently uphold the dignity of each human being 4in life and in death then it is imperative that discriminatory burial practices are ended; and 5 WHEREAS, in January of 2021, a Louisiana cemetery refused to sell a burial plot 6to a police officer's family for the burial of the officer because the cemetery still had racially 7restrictive language dating back from the 1950s in its bylaws and sales contracts; and 8 WHEREAS, the cemetery board has since removed all racially restrictive language 9from its operating documents and contracts; and 10 WHEREAS, this recent instance of a Louisiana cemetery denying burial on the basis 11of race cannot be repeated. 12 THEREFORE, BE IT RESOLVED that the Legislature of Louisiana does hereby 13direct all cemeteries, cemetery authorities, cemetery management organizations, cemetery 14sales organizations, and cemetery directors to end discriminatory burial practices in 15Louisiana and to remove any racially restrictive covenants or race-based restrictions from 16their operating agreements, articles of incorporation, charters, bylaws, sales contracts, and 17other organizational documents or contracts in order to ensure that the citizens of Louisiana 18are allowed to bury their loved ones with dignity. 19 BE IT FURTHER RESOLVED, that a copy of this Resolution be transmitted to the 20Louisiana Cemetery Board. DIGEST The digest printed below was prepared by House Legislative Services. It constitutes no part of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)] HCR 66 Original 2021 Regular Session Carrier Directs all La. cemeteries to end discriminatory burial practices and remove racially restrictive covenants or race-based restrictions from their organizational documents and contracts. Page 2 of 2