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, it 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 of the law or subjected to segregation or discrimination in the exercise of 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 resolution requires a three-quarters majority in the General Assembly for the amendment to be placed on the ballot in 2026; 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.