The Senate Joint Resolution No. 35 proposes an amendment to the Constitution of the State that aims to enhance protections against discrimination based on sex under the Equal Protection Clause. Specifically, the amendment seeks to clarify that discrimination on the basis of sex includes, but is not limited to, discrimination related to pregnancy (in all its aspects), sexual orientation, gender identity and expression, and associated health care. This amendment is intended to ensure that individuals are not denied equal protection under the law or subjected to segregation or discrimination in the exercise of their civil or political rights due to these factors.
If the resolution is approved by at least three-quarters of the General Assembly, it will be placed on the ballot for the general election scheduled for November 3, 2026. The proposed amendment will be presented to voters with the question of whether to amend the Constitution to include these specific protections against sex discrimination. The resolution also outlines the fiscal implications, indicating a one-time cost of $35,000 for printing the ballot if the amendment is placed on the 2026 election ballot. If the necessary votes are not achieved, the amendment may be referred to the next legislative session, potentially delaying its presentation to voters.