This is an update of the remarks I gave at a press conference led by Senator Vince Hughes and the Urban League and attended by Liz Randol of the ACLU, Attorney General Josh Shapiro, District Attorney Larry Krasner and many others last week.
A proposed constitutional amendment stating that equality of rights under the law shall not be abridged because of an individual’s race or ethnicity is on the Pennsylvania ballot next week. The amendment would bring rights protected under the U.S. Constitution into the PA Constitution.
Racial and ethnic prejudice, bigotry, and discrimination are totally antithetical to the basic rights of human beings. The protection of these rights is so central to a decent and just political community that at the federal level we have embedded it in our Constitution, thereby creating a way to appeal to the Courts if and when Congress, the presidency, and state and local governments violate those rights. It makes sense to add a similar provision to the state constitution.
I’ve heard two objections to the amendment. The first is that it does not protect the rights of women and sexual minorities as well. While I would very much like to see an amendment to the an amendment to constitution with a broader reach, that is no reason not to move ahead with this one, even as we continue to agitate for the ideal.
Second, I’ve heard people say we don’t need this protection in the state constitution because it duplicates provisions of the federal constitution. There are number of reasons why I think this isn’t a cogent reason.
First, given the way the amendment is framed it could be interpreted in ways that have a much broader reach than the first amendment. Some legal experts believe that it could be used to challenges legislative of administrative acts of omission as well as acts of commission that are racially discriminatory. Thus, for example, it might support an argument that the school funding or higher education funding in Pennsylvania is racially discriminatory. It also might be used to challenge discriminatory acts of private or quasi-public entities as well as those of governments. This could be a powerful constitutional weapon against racism in business, the housing market, and so forth that would support and perhaps extend the statutory protections already in place.
Finally, I would add this: we are living in a perilous time. Powerful movements that are supported by a former president, members of Congress and members of the US Supreme Court are seeking to not only defend the remaining institutions and practices that unfairly disadvantage Black people and other ethnic minorities but to restore ones that we long ago and rightly discarded, especially when it comes to the right to vote. The last few years have shown us that strong state governments can provide a counterbalance to a federal government led by political leaders who embrace bigotry and hate. We can strengthen this check on any abuse of our rights by enabling the Commonwealth, and especially the courts of Pennsylvania, to protect the rights of people of color. This amendment will give them the tools they need to do so.
For these reason I urge everyone to vote for it.