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 clarifies that discrimination on the basis of sex includes, but is not limited to, discrimination related to pregnancy (including actions regarding the initiation, continuation, or termination of a pregnancy), sexual orientation, gender identity and expression, and associated health care. This resolution seeks to ensure that individuals are not denied equal protection of the law or subjected to segregation or discrimination in their civil or political rights due to these factors.

If adopted, the proposed amendment will be presented to voters during the general election on November 3, 2026. The ballot will ask whether the Constitution should be amended to include these specific protections against sex-based discrimination. The resolution must receive approval from at least three-quarters of the General Assembly to be placed on the 2026 ballot; otherwise, it will be referred to the next legislative session. The estimated cost for printing the ballot is projected to be $35,000, which would be incurred by the Secretary of the State in the fiscal year 2027 if the amendment is approved for the ballot.