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 amendment was approved in a 72.31% to 27.69% vote, with every county except Fulton and Huntingdon having a majority vote in favor.
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]
Legislators
State Senator Vincent Hughes: “Discrimination based on race is cooked into the DNA of this nation and we must take action to explicitly prohibit racial and ethnic discrimination in Pennsylvania’s Constitution.” [3]
Senator John Fetterman: "Today is Election Day in PA and @giselefetterman + I have done our part. Big questions including making sure Pennsylvania is able to respond in an emergency without partisan bickering. Gisele, me + Levi all think: 1 NO 2 NO 3 YES" [4]
Organizations
Pennsylvania Democratic Party: "The third question on your 2021 PA Primary ballot asks whether the state constitution should specifically prohibit the denial of equal rights based on race or ethnicity. This amendment offers additional protection against laws or policies that would deny Communities of Color their legal rights. It codifies the progress many Pennsylvanians have fought for for so long. While widely spread social media posts suggest this amendment will create unforeseen civil rights vulnerabilities, top attorneys and lawmakers have advised this is FALSE. Leading justice organizations like the ACLU support this measure. VOTE YES to help ensure equal rights under the law for all Pennsylvanians." [5]
League of Women Voters: “If passed, this law could add opportunity to bring ‘reverse discrimination’ cases. Thus, 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.” [3]
Media editorials
The Philadelphia Inquirer Editorial Board: "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 codifies an existing and important protection. We recommend that you vote YES." [6]
The Observer-Reporter Editorial Board: "There’s also a proposed amendment that would prohibit discrimination based on race or ethnicity. Sixteen other state constitutions have similar amendments, and Pennsylvania should join them. There are federal statutes prohibiting discrimination based on race and ethnicity, and non-discrimination clauses within the state constitution. This 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?" [7]
The following text and information was included on voter's ballots during the May 18, 2021 Municipal Primary: [8]
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
| County | "Yes" votes | "No" votes | Yes % | No % |
|---|---|---|---|---|
| Adams | 12,738 | 6,589 | 65.91 | 34.09 [9] |
| Allegheny | 193,866 | 55,659 | 77.69 | 22.31 [10] |
| Armstrong | 8,755 | 5,201 | 62.73 | 37.27 [11] |
| Beaver | 22,601 | 9,618 | 70.15 | 29.85 [12] |
| Bedford | 4,916 | 4,774 | 50.73 | 49.27 [13] |
| Berks | 39,104 | 23,202 | 62.76 | 37.24 [14] |
| Blair | 12,951 | 8,580 | 60.15 | 39.85 [15] |
| Bradford | 6,875 | 3,152 | 68.56 | 31.44 [16] |
| Bucks | 86,914 | 31,334 | 73.50 | 26.50 [17] |
| Butler | 26,041 | 14,148 | 64.80 | 35.20 [18] |
| Cambria | 15,872 | 8,901 | 64.07 | 35.93 [19] |
| Cameron | 584 | 290 | 66.82 | 33.18 [20] |
| Carbon | 7,249 | 3,721 | 66.08 | 33.92 [21] |
| Centre | 21,740 | 7,308 | 74.84 | 25.16 [22] |
| Chester | 72,895 | 22,334 | 76.55 | 23.45 [23] |
| Clarion | 3,957 | 3,585 | 52.47 | 47.53 [24] |
| Clearfield | 8,674 | 5,833 | 59.79 | 40.21 [25] |
| Clinton | 3,757 | 2,514 | 59.91 | 40.09 [26] |
| Columbia | 6,910 | 3,398 | 67.04 | 32.96 [27] |
| Crawford | 10,362 | 4,691 | 68.84 | 31.16 [28] |
| Cumberland | 37,729 | 14,333 | 72.47 | 27.53 [29] |
| Dauphin | 38,983 | 12,729 | 75.38 | 24.62 [30] |
| Delaware | 81,114 | 16,150 | 83.40 | 16.60 [31] |
| Elk | 4,293 | 2,152 | 66.61 | 33.39 [32] |
| Erie | 35,509 | 13,301 | 72.75 | 27.25 [33] |
| Fayette | 13,664 | 7,363 | 64.98 | 35.02 [34] |
| Forest | 760 | 477 | 61.44 | 38.56 [35] |
| Franklin | 15,950 | 10,879 | 59.45 | 40.55 [36] |
| Fulton | 1,429 | 1,608 | 47.05 | 52.95 [37] |
| Greene | 4,465 | 3,453 | 56.39 | 43.61 [38] |
| Huntingdon | 4,145 | 4,308 | 49.04 | 50.96 [39] |
| Indiana | 10,872 | 6,356 | 63.11 | 36.89 [40] |
| Jefferson | 4,997 | 3,883 | 56.27 | 43.73 [41] |
| Juniata | 2,940 | 2,065 | 58.74 | 41.26 [42] |
| Lackawanna | 34,940 | 12,337 | 73.90 | 26.10 [43] |
| Lancaster | 64,031 | 30,095 | 68.03 | 31.97 [44] |
| Lawrence | 9,854 | 5,669 | 63.48 | 36.52 [45] |
| Lebanon | 17,933 | 9,381 | 65.65 | 34.35 [46] |
| Lehigh | 38,145 | 13,100 | 74.44 | 25.56 [47] |
| Luzerne | 37,359 | 16,054 | 69.94 | 30.06 [48] |
| Lycoming | 14,082 | 8,083 | 63.53 | 36.47 [49] |
| McKean | 4,015 | 2,014 | 66.59 | 33.41 [50] |
| Mercer | 14,011 | 6,398 | 68.65 | 31.35 [51] |
| Mifflin | 4,914 | 2,939 | 62.57 | 37.43 [52] |
| Monroe | 14,591 | 5,210 | 73.69 | 26.31 [53] |
| Montgomery | 128,889 | 27,391 | 82.47 | 17.53 [54] |
| Montour | 2,409 | 936 | 72.02 | 27.98 [55] |
| Northampton | 30,641 | 12,290 | 71.37 | 28.63 [56] |
| Northumberland | 9,732 | 4,843 | 66.77 | 33.23 [57] |
| Perry | 6,556 | 3,533 | 64.98 | 35.02 [58] |
| Philadelphia | 173,033 | 31,892 | 84.44 | 15.56 [59] |
| Pike | 5,184 | 2,591 | 66.68 | 33.32 [60] |
| Potter | 2,132 | 1,431 | 59.84 | 40.16 [61] |
| Schuylkill | 17,934 | 10,204 | 63.74 | 36.26 [62] |
| Snyder | 4,766 | 2,549 | 65.15 | 34.85 [63] |
| Somerset | 9,360 | 6,220 | 60.08 | 39.92 [64] |
| Sullivan | 1,013 | 668 | 60.26 | 39.74 [65] |
| Susquehanna | 4,485 | 2,928 | 60.50 | 39.50 [66] |
| Tioga | 5,672 | 2,149 | 72.52 | 27.48 [67] |
| Union | 5,470 | 2,419 | 69.34 | 30.66 [68] |
| Venango | 5,713 | 3,543 | 61.72 | 38.28 [69] |
| Warren | 4,475 | 1,996 | 69.15 | 30.85 [70] |
| Washington | 27,759 | 13,912 | 66.61 | 33.39 [71] |
| Wayne | 6,697 | 3,768 | 63.99 | 36.01 [72] |
| Westmoreland | 47,093 | 27,451 | 63.17 | 36.83 [73] |
| Wyoming | 3,787 | 2,082 | 64.53 | 35.47 [74] |
| York | 49,604 | 24,243 | 67.17 | 32.83 [75] |
| State total | 1,629,890 | 624,208 | 72.31 | 27.69 [76] |
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