LRB-1658/1
JK:klm
2023 - 2024 LEGISLATURE
2023 ASSEMBLY JOINT RESOLUTIO N 140
March 6, 2024 - Introduced by Representatives PALMERI, SUBECK, SNODGRASS,
MCGUIRE, J. ANDERSON, ANDRACA, BALDEH, BARE, CONLEY, CONSIDINE,
EMERSON, HONG, JACOBSON, JOERS, MADISON, MOORE OMOKUNDE, NEUBAUER,
OHNSTAD, RATCLIFF, SHANKLAND, SHELTON, SINICKI, STUBBS and VINING,
cosponsored by Senators L. JOHNSON, AGARD, LARSON, SMITH, SPREITZER and
WIRCH. Referred to Committee on State Affairs.
***AUTHORS SUBJECT TO CHANGE***
To create section 27 of article I of the constitution; relating to: equality of rights
on the basis of sex, gender identity, race, color, sexual orientation, disability,
religion, national origin, marital status, family status, age, ancestry, or any
other immutable characteristic and creating a private cause of action for
violations of those rights by state actors (first consideration).
Analysis by the Legislative Reference Bureau
This constitutional amendment, proposed to the 2023 legislature on first
consideration, provides that equality of rights under the law shall not be denied or
abridged by the state or by any political subdivision of the state on account of sex,
gender identity, race, color, sexual orientation, disability, religion, national origin,
marital status, family status, age, ancestry, or any other immutable characteristic.
The constitutional amendment requires the state and each political subdivision to
protect and secure the equality of these rights and creates a private cause of action
against the state or the appropriate political subdivision of the state for violations
of the rights guaranteed under the amendment.
A constitutional amendment requires adoption by two successive legislatures,
and ratification by the people, before it can become effective.
Resolved by the assembly, the senate concurring, That:
SECTION 1. Section 27 of article I of the constitution is created to read:
1
2
3
4
5
6
7 - 2 -
LRB-1658/1
JK:klm
SECTION 1
2023 - 2024 Legislature
[Article I] Section 27 (1) Equality of rights under the law shall not be denied
or abridged by this state or by any political subdivision of the state on account of sex,
gender identity, race, color, sexual orientation, disability, religion, national origin,
marital status, family status, age, ancestry, or any other immutable characteristic.
(2) Any person aggrieved by a violation of sub. (1) shall have a private cause
of action in any court of competent jurisdiction against the state or the appropriate
political subdivision of the state.
(3) The state and each political subdivision of this state shall protect and secure
the equality of rights guaranteed by this section.
SECTION 2. Numbering of new provisions. If another constitutional
amendment ratified by the people creates the number of any provision created in this
joint resolution, the chief of the legislative reference bureau shall determine the
sequencing and the numbering of the provisions whose numbers conflict.
Be it further resolved, That this proposed amendment be referred to the
legislature to be chosen at the next general election and that it be published for three
months previous to the time of holding such election.
(END)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17