2021 Pennsylvania Amendment 3

2021 Pennsylvania Amendment 3, also known as the Equal Rights Regardless of Race or Ethnicity Amendment,^[1] was a proposed amendment to the Pennsylvania Constitution to prohibit the denial or abridgment of equal rights on the basis of race or ethnicity. The ballot measure succeeded with over 72% of the vote in favor, and with the backing of every county except Fulton and Huntingdon.

During the 2019-2020 legislative session, Senate Bill 1166 was introduced, originally containing only the constitutional amendment question related to emergency powers. State Senator Vincent Hughes introduced an amendment that added Amendment 3, which was unanimously adopted by the Pennsylvania State Senate.^[2]

Hughes' amendment came two weeks after the murder of George Floyd.^[3]

State Senator Vincent Hughes, who introduced the amendment, believed that court cases and judicial decisions would ultimately decide what the practical effect of the amendment would be, but he still saw it as a step in the right direction.^[3] He felt that discrimination based upon race was "cooked into the DNA of this nation" and he urged for others to "take action to explicitly prohibit racial and ethnic discrimination in Pennsylvania's Constitution."^[4] Hughes also said: "Any extra protection that we can provide around the issue of race and ethnicity, I think we need to be in the business of providing. And if we can add that extra protection to the state constitution, the lawyers I talk to said that that's a good thing."^[3]

Senator John Fetterman tweeted the day of the election saying that he and his wife, Giselle Fetterman, had done their part in voting. He said that there were, "Big questions including making sure Pennsylvania is able to respond in an emergency without partisan bickering." Fetterman, his wife, and Levi, his dog, opposed amendments 1 and 2, and supported amendment 3.^[5]

State Rep. Jesse Topper assured constituents of his who were skeptical of the amendment's effects that there was no ill intent. "There are some who are generally skeptical, because the word 'equality' has been somewhat co-opted over the years by left-leaning groups to mean whatever they want it to mean."^[3]

State Rep. Donna Bullock said that if the equality amendment were to fail and the two GOP-backed governor emergency amendments passed, it would be an ominous sign. If that happened, she believed that it would "be a hit to morale," and that it would "say to me, personally, that we have a lot more work to do in this state to address racism and bias, and that it's deeper than we thought."^[3]

Organizations

The ACLU of Pennsylvania supported the amendment, believing that it could have lasting impacts on issues such as systemic racism and that it would allow for state courts to make rulings against Pennsylvania governmental entities who had lacked action on providing equality of rights.^[3]

Pennsylvania Democratic Party said that amendment 3 "offers additional protection against laws or policies that would deny Communities of Color their legal rights," and "codifies the progress many Pennsylvanians have fought for so long." It went on to say, "While widely spread social media posts suggest this amendment will create unforeseen civil rights vulnerabilities, top attorneys and lawmakers have advised this is FALSE," and that "Leading justice organizations like the ACLU support this measure." It urged individuals to vote in favor "to help ensure equal rights under the law for all Pennsylvanians."^[6]

Editorials

The Philadelphia Inquirer Editorial Board backed the amendment and recommended that people vote in favor, saying, "There are protections against discrimination in the Pennsylvania constitution, but this amendment aims to make it as clear as possible by adding to article I of the Commonwealth's constitution that 'equality of rights under the law shall not be denied or abridged because of an individual's race or ethnicity.'" This, it believed, would codify "an existing and important protection."^[7]

The Observer-Reporter Editorial Board supported the measure, saying that, "Sixteen other state constitutions have similar amendments," and that "Pennsylvania should join them." It also felt that the amendment "would spell out clearly that Pennsylvania does not countenance bigotry and intolerance based on race or ethnicity. Who, in the 21st century, could object to that?"^[8]

State Rep. Tim Briggs thought that a reason for voters feeling uncertain of what the effects would be, was because the legislature had not held hearings on any of the three amendments. If the amendments were to pass and have unintended consequences, he said, another referendum would need to be held. "A constitutional amendment is a tough way to legislate, because when you don't put a lot of thought into what the consequences are, it's hard to correct."^[3]

League of Women Voters believed that if the amendment were passed, it "could add opportunity to bring ‘reverse discrimination’ cases," meaning that, "if a Caucasian person felt they were discriminated against by a State-run operation or agency in hiring, admissions, or denied opportunities, they could sue under this new law."^[4]

The following question and information was included on voter's ballots during the May 18, 2021 Municipal Primary:^[9]

PROPOSED CONSTITUTIONAL AMENDMENT 3

PROHIBITION AGAINST DENIAL OR ABRIDGEMENT OF EQUALITY OF RIGHTS BECAUSE OF RACE OR ETHNICITY

Shall the Pennsylvania Constitution be amended by adding a new section providing that equality of rights under the law shall not be denied or abridged because of an individual's race or ethnicity?

() Yes

() No

The amendment added Section 29 to Article I of Pennsylvania's constitution, which states: "Equality of rights under the law shall not be denied or abridged in the Commonwealth of Pennsylvania because of the race or ethnicity of the individual."^[1]

It was the fourth equality provision to be a part of the state's constitution, following the clause stating that "all men and born equally free and independent," an amendment prohibiting sex discrimination from 1971, and a provision guaranteeing civil rights.^[3]

Fulton and Huntingdon Counties, the sole two counties in opposition to the amendment, had white populations of 94.3% and 89.4%, respectively, as of the 2020 census.^[78][79]

• State equal rights amendments
• Civil Rights Act of 1964