Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AJR140 Compare Versions

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33 2023 - 2024 LEGISLATURE
44 2023 ASSEMBLY JOINT RESOLUTIO N 140
55 March 6, 2024 - Introduced by Representatives PALMERI, SUBECK, SNODGRASS,
66 MCGUIRE, J. ANDERSON, ANDRACA, BALDEH, BARE, CONLEY, CONSIDINE,
77 EMERSON, HONG, JACOBSON, JOERS, MADISON, MOORE OMOKUNDE, NEUBAUER,
88 OHNSTAD, RATCLIFF, SHANKLAND, SHELTON, SINICKI, STUBBS and VINING,
99 cosponsored by Senators L. JOHNSON, AGARD, LARSON, SMITH, SPREITZER and
1010 WIRCH. Referred to Committee on State Affairs.
1111 ***AUTHORS SUBJECT TO CHANGE***
1212 To create section 27 of article I of the constitution; relating to: equality of rights
1313 on the basis of sex, gender identity, race, color, sexual orientation, disability,
1414 religion, national origin, marital status, family status, age, ancestry, or any
1515 other immutable characteristic and creating a private cause of action for
1616 violations of those rights by state actors (first consideration).
1717 Analysis by the Legislative Reference Bureau
1818 This constitutional amendment, proposed to the 2023 legislature on first
1919 consideration, provides that equality of rights under the law shall not be denied or
2020 abridged by the state or by any political subdivision of the state on account of sex,
2121 gender identity, race, color, sexual orientation, disability, religion, national origin,
2222 marital status, family status, age, ancestry, or any other immutable characteristic.
2323 The constitutional amendment requires the state and each political subdivision to
2424 protect and secure the equality of these rights and creates a private cause of action
2525 against the state or the appropriate political subdivision of the state for violations
2626 of the rights guaranteed under the amendment.
2727 A constitutional amendment requires adoption by two successive legislatures,
2828 and ratification by the people, before it can become effective.
2929 Resolved by the assembly, the senate concurring, That:
3030 SECTION 1. Section 27 of article I of the constitution is created to read:
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4040 SECTION 1
4141 2023 - 2024 Legislature
4242 [Article I] Section 27 (1) Equality of rights under the law shall not be denied
4343 or abridged by this state or by any political subdivision of the state on account of sex,
4444 gender identity, race, color, sexual orientation, disability, religion, national origin,
4545 marital status, family status, age, ancestry, or any other immutable characteristic.
4646 (2) Any person aggrieved by a violation of sub. (1) shall have a private cause
4747 of action in any court of competent jurisdiction against the state or the appropriate
4848 political subdivision of the state.
4949 (3) The state and each political subdivision of this state shall protect and secure
5050 the equality of rights guaranteed by this section.
5151 SECTION 2. Numbering of new provisions. If another constitutional
5252 amendment ratified by the people creates the number of any provision created in this
5353 joint resolution, the chief of the legislative reference bureau shall determine the
5454 sequencing and the numbering of the provisions whose numbers conflict.
5555 Be it further resolved, That this proposed amendment be referred to the
5656 legislature to be chosen at the next general election and that it be published for three
5757 months previous to the time of holding such election.
5858 (END)
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