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2021 - 2022 LEGISLATURE
May 13, 2021 - Introduced by Representatives S. Rodriguez, Emerson, Subeck,
McGuire, Snodgrass, Drake, Anderson, Baldeh, Billings, Bowen, Cabrera,
Conley, Considine, Haywood, Hebl, Hesselbein, Hong, B. Meyers, Milroy,
L. Myers, Neubauer, Pope, Shankland, Shelton, Sinicki, Spreitzer, Stubbs,
Vining, Vruwink, Ohnstad and Andraca, cosponsored by Senators Johnson,
Erpenbach, Agard, Bewley, Carpenter, Larson, Roys, Smith and Wirch.
Referred to Committee on Rules.
AJR53,1,5 1To create section 27 of article I of the constitution; relating to: equality of rights
2on the basis of sex, gender identity, race, color, sexual orientation, disability,
3religion, national origin, marital status, family status, age, ancestry, or any
4other immutable characteristic and creating a private cause of action for
5violations of those rights by state actors (first consideration).
Analysis by the Legislative Reference Bureau
This constitutional amendment, proposed to the 2021 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.
AJR53,1,6 6Resolved by the assembly, the senate concurring, That:
AJR53,1 7Section 1 . Section 27 of article I of the constitution is created to read:
AJR53,2,4
1[Article I] Section 27 (1) Equality of rights under the law shall not be denied
2or abridged by this state or by any political subdivision of the state on account of sex,
3gender identity, race, color, sexual orientation, disability, religion, national origin,
4marital status, family status, age, ancestry, or any other immutable characteristic.
AJR53,2,75 (2) Any person aggrieved by a violation of sub. (1) shall have a private cause
6of action in any court of competent jurisdiction against the state or the appropriate
7political subdivision of the state.
AJR53,2,98 (3) The state and each political subdivision of this state shall protect and secure
9the equality of rights guaranteed by this section.
AJR53,2 10Section 2 . Numbering of new provisions. If another constitutional
11amendment ratified by the people creates the number of any provision created in this
12joint resolution, the chief of the legislative reference bureau shall determine the
13sequencing and the numbering of the provisions whose numbers conflict.
AJR53,2,16 14Be it further resolved, That this proposed amendment be referred to the
15legislature to be chosen at the next general election and that it be published for three
16months previous to the time of holding such election.
AJR53,2,1717 (End)
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