CIVIL RIGHTS STANDARDIZATION ACT
ONE PAGE SUMMARY
What is it?
A proposed Arizona law and constitutional amendment that prohibits government from presuming guilt or targeting individuals based on who they are, what they believe, or where they come from.
Core Protections
No Identity-Based Presumptions
Government cannot assume a person intends to commit a crime based on race, sex, age, religion, political belief, national origin, birthplace, or assumptions about these traits such as stereotypes, appearance, language, or dress.
No Disproportional Targeting
Any law that results in unfairly targeting a specific group for denial of due process or establishment of probable cause cannot be enforced until the offending parts are removed.
No Special Treatment for Wrongdoers
None of these traits can be used to escape criminal or civil accountability, unless a trait physically disables a person from culpability through no action of their own.
No Punitive or Damaging Government Action
State and local government cannot take punitive or damaging action regarding rights, freedoms, property, reputation, or entitlements based on these traits, except where a trait physically disqualifies an individual from a specific benefit.
Limited Corrective Actions Allowed
Actions addressing historical and unjustifiable imbalances are permitted only if they aim for statistical parity between groups with similar objective qualifications or ensure representation of historically excluded groups.
Private Groups Protected
This does not apply to bona fide special interest or affinity groups such as churches, clubs, and political parties that are not public accommodations.
Federal Immigration Unaffected
Nothing in this act affects federal immigration enforcement.
What This Means in Practice
Police cannot stop someone based on appearance or stereotypes. Laws cannot be enforced in ways that unfairly target any group. No one can use identity as an excuse to avoid accountability. Government cannot damage reputation based on protected traits. Corrective action for real imbalances is allowed but tightly limited. Private clubs and religious groups can operate as they choose.
Two-Track Strategy
First, the statutory track adds these protections to Arizona Revised Statutes immediately upon the Governor's signature. Second, the constitutional track adds the same protections to the Arizona Constitution upon voter approval at the next general election. If voters reject the constitutional amendment, the statutory protections remain in effect. If voters approve, the constitutional amendment becomes permanent and cannot be easily changed.
Bottom Line
This act says government should judge people by their actions, not by who they are, what they believe, or where they come from. It protects everyone equally, holds wrongdoers accountable, and preserves common-sense exceptions for physical qualifications and private groups.
SECTION 1. Short title
This act shall be known and may be cited as the "Civil Rights Standardization Act."
SECTION 2. Findings and declarations
The Legislature finds and declares:
1. The Declaration of Independence holds certain truths to be self-evident, including that all persons are created equal and endowed with unalienable rights.
2. Government should not presume unlawful intent or behavior based upon immutable biological traits, matter of conscience, geographical origin, or assumptions thereof.
3. No law should permit or result in the disproportional targeting of any social group for abrogation of due process or establishment of probable cause based on such traits.
4. None of the above traits shall exonerate or remove any person from criminal or civil accountability, unless a trait physically disables a person from culpability through no action of their own.
5. Government should not act with punitive effect or otherwise damage rights, freedoms, property, reputation, or entitlements regarding such traits, except where traits are physically disqualifying of an individual from a particular benefit.
6. Corrective actions addressing historical and unjustifiable imbalances imposed against the receipt of benefits are permissible only under limited, merit-based conditions.
7. This act shall not apply to bona fide special interest or affinity groups that are not providers of public accommodation.
8. Immigration status is a matter of exclusive federal jurisdiction, and nothing in this act shall be construed to regulate, enforce, or interfere with federal immigration law or the operations of federal immigration authorities.
SECTION 3. Amendment of Arizona Revised Statutes
Title 41, Chapter 9, Article 1 of the Arizona Revised Statutes is amended by adding a new section, to be known as A.R.S. § 41-1494, to read as follows:
A.R.S. § 41-1494. Civil Rights Standardization; identity-based presumptions prohibited; enforcement
A. Presumptions of unlawful intent prohibited.
No Arizona law, rule, policy, ordinance, or official action shall make a presumption of unlawful intent or behavior of a natural person based upon immutable biological traits, matter of conscience, geographical origin, or assumptions thereof.
B. Disproportional targeting prohibited; suspension until removal.
Any law, rule, policy, ordinance, or official action permitting or resulting in a disproportional targeting of a specific social group linked by such traits for abrogation of due process or establishment of probable cause may not be enforced by any state or local government actor until such portions permitting breach of equal protection are removed.
C. No exoneration from accountability.
None of the above traits shall exonerate or remove from criminal or civil accountability unless such trait physically disables such person from culpability through no action of their own.
D. Prohibition on punitive or damaging government action.
Arizona, its agencies, officials, agents, and political subdivisions shall not make any official action or pattern thereof with a punitive effect or otherwise damaging the rights, freedoms, property, reputation, or entitlements regarding the same, provided that such traits are not physically disqualifying of an individual from such benefit.
E. Permissible corrective actions limited.
Actions with the intention of addressing historical and unjustifiable imbalances imposed against the receipt of such benefit by thus identified social groups are permissible only inasmuch as they are corrective with regard to statistical distribution between groups with similar qualifications objectively germane to the matter or intended to ensure representation of such groups historically excluded.
F. Affinity group exception.
This section does not apply to a bona fide special interest or affinity group provided that such is not a provider of public accommodation.
G. Federal immigration enforcement not affected.
Nothing in this section shall be construed to restrict, impede, or otherwise affect the enforcement of federal immigration law by federal authorities acting within their lawful jurisdiction. This section applies solely to the actions of Arizona, its agencies, officials, agents, and political subdivisions.
H. Definitions.
As used in this section:
1. "Immutable biological traits" includes but is not limited to race, sex, age, genetics, disability, pregnancy, and other characteristics determined at birth or by biology beyond an individual's control.
2. "Matter of conscience" includes but is not limited to religion, religious belief, political belief, philosophy, and moral views.
3. "Geographical origin" includes but is not limited to national origin, birthplace, or region of birth or residence.
4. "Assumptions thereof" includes stereotypes, proxies, inferences, and perceived traits reasonably understood to substitute for actual protected traits.
5. "Natural person" means a human being, not a corporation or other artificial legal entity.
6. "Disproportional targeting" means a statistically significant disparate impact on a specific social group not reasonably explained by neutral, legitimate, and objectively germane factors.
7. "Physically disqualifying" means a trait that renders an individual unable to safely, effectively, or fairly receive or participate in a specific benefit, determined on an individualized basis.
8. "Similar qualifications objectively germane to the matter" means credentials, skills, experience, or other relevant measures that are demonstrably and verifiably comparable between groups with respect to the specific benefit at issue.
9. "Historically excluded" means groups subject to documented patterns of discrimination or exclusion under Arizona law or practice prior to the effective date of this section.
10. "Provider of public accommodation" has the meaning provided in A.R.S. § 41-1442 and applicable federal law.
I. Private right of action.
Any person aggrieved by a violation of this section may seek declaratory, injunctive, or other appropriate relief, including reasonable attorney's fees and costs, against any state or local government actor or agent.
J. Sovereign immunity waived.
Sovereign immunity is waived to the extent necessary to enforce the rights and prohibitions contained in this section.
K. Severability.
If any provision of this section or its application to any person or circumstance is held invalid, the remainder of this section and its application to other persons or circumstances shall not be affected thereby.
L. Effective date.
This section shall become effective immediately upon the signature of the Governor or upon the expiration of the period for gubernatorial action as provided by law.
SECTION 4. Conforming amendments
A. A.R.S. § 13-105 (Definitions generally) is amended to add the following definition:
"Presumption of unlawful intent based on protected traits" means any evidentiary presumption that relies on immutable biological traits, matter of conscience, geographical origin, or assumptions thereof to establish criminal intent, and such presumptions are prohibited as provided in A.R.S. § 41-1494.
B. A.R.S. § 41-1442 (Public accommodations) is amended to provide that nothing in that section shall be construed to conflict with the provisions of A.R.S. § 41-1494.
SECTION 5. Supersedure of conflicting statutes
Any provision of Arizona law, including but not limited to statutes, rules, policies, ordinances, or official actions, that conflicts with A.R.S. § 41-1494 is hereby superseded to the extent of such conflict.
SECTION 6. Proposal of constitutional amendment
Pursuant to Article XXI of the Arizona Constitution, the Legislature proposes that the following amendment to the Arizona Constitution be submitted to the qualified electors of Arizona for approval or rejection at the next general election.
SECTION 7. Text of proposed constitutional amendment
Article XXII of the Arizona Constitution is amended by adding a new section, to be known as Section 23, to read as follows:
Article XXII, Section 23. Civil Rights Standardization
A. Presumptions of unlawful intent prohibited.
No Arizona law shall make a presumption of unlawful intent or behavior of a natural person based upon immutable biological traits, matter of conscience, geographical origin, or assumptions thereof.
B. Disproportional targeting prohibited; suspension until removal.
Any law permitting or resulting in a disproportional targeting of a specific social group linked by such traits for abrogation of due process or establishment of probable cause may not be enforced until such portions permitting breach of equal protection are removed.
C. No exoneration from accountability.
Likewise, none of the above traits shall exonerate or remove from criminal or civil accountability unless such trait physically disables such person from culpability through no action of their own.
D. Prohibition on punitive or damaging government action.
Arizona, its agencies, officials, agents, and political subdivisions shall not make any official action or pattern thereof with a punitive effect or otherwise damaging the rights, freedoms, property, reputation, or entitlements regarding the same, provided that such traits are not physically disqualifying of an individual from such benefit.
E. Permissible corrective actions limited.
Actions with the intention of addressing historical and unjustifiable imbalances imposed against the receipt of such benefit by thus identified social groups are permissible only inasmuch as they are corrective with regard to statistical distribution between groups with similar qualifications objectively germane to the matter or intended to ensure representation of such groups historically excluded.
F. Affinity group exception.
This section does not apply to a bona fide special interest or affinity group provided that such is not a provider of public accommodation.
G. Federal immigration enforcement not affected.
Nothing in this section shall be construed to restrict, impede, or otherwise affect the enforcement of federal immigration law by federal authorities acting within their lawful jurisdiction. This section applies solely to the actions of Arizona, its agencies, officials, agents, and political subdivisions.
H. Definitions.
As used in this section:
1. "Immutable biological traits" includes but is not limited to race, sex, age, genetics, disability, pregnancy, and other characteristics determined at birth or by biology beyond an individual's control.
2. "Matter of conscience" includes but is not limited to religion, religious belief, political belief, philosophy, and moral views.
3. "Geographical origin" includes but is not limited to national origin, birthplace, or region of birth or residence.
4. "Assumptions thereof" includes stereotypes, proxies, inferences, and perceived traits reasonably understood to substitute for actual protected traits.
5. "Natural person" means a human being, not a corporation or other artificial legal entity.
6. "Disproportional targeting" means a statistically significant disparate impact on a specific social group not reasonably explained by neutral, legitimate, and objectively germane factors.
7. "Physically disqualifying" means a trait that renders an individual unable to safely, effectively, or fairly receive or participate in a specific benefit, determined on an individualized basis.
8. "Similar qualifications objectively germane to the matter" means credentials, skills, experience, or other relevant measures that are demonstrably and verifiably comparable between groups with respect to the specific benefit at issue.
9. "Historically excluded" means groups subject to documented patterns of discrimination or exclusion under Arizona law or practice prior to the effective date of this section.
10. "Provider of public accommodation" has the meaning provided in the Arizona Civil Rights Act (A.R.S. § 41-1442) and applicable federal law.
I. Severability.
If any provision of this section or its application to any person or circumstance is held invalid, the remainder of this section and its application to other persons or circumstances shall not be affected thereby.
J. Effective date.
This section shall become effective upon approval by the electors of Arizona and certification of the election results.
SECTION 8. Severability of constitutional amendment
If any provision of the proposed constitutional amendment or its application to any person or circumstance is held invalid, the remainder of the amendment and its application to other persons or circumstances shall not be affected thereby.
SECTION 9. Ballot submission
The Secretary of State shall cause the following question to be placed on the ballot at the next general election:
OFFICIAL BALLOT TITLE
PROPOSITION ___
CIVIL RIGHTS STANDARDIZATION (CONSTITUTIONAL AMENDMENT)
DESCRIPTION: This proposed constitutional amendment prohibits Arizona from making presumptions of unlawful intent based on immutable biological traits (race, sex, age, genetics), matter of conscience (religion, belief, creed), geographical origin (national origin, birthplace, region), or assumptions thereof (stereotypes, proxies, appearance).
Any law that permits or results in disproportional targeting of a group based on such traits for denial of due process or establishment of probable cause may not be enforced until the offending portions are removed.
None of these traits may be used to escape criminal or civil accountability unless the trait physically disables the person from culpability through no action of their own.
State and local government may not take punitive or damaging action regarding rights, freedoms, property, reputation, or entitlements based on these traits, except where the trait physically disqualifies an individual from a specific benefit.
Corrective actions addressing historical and unjustifiable imbalances are permitted only if they aim for statistical parity between groups with similar objectively germane qualifications or ensure representation of historically excluded groups.
This amendment does not apply to bona fide affinity groups that are not public accommodations.
Nothing in this amendment affects federal immigration enforcement.
A "YES" VOTE shall have the effect of amending the Arizona Constitution to add these protections.
A "NO" VOTE shall have the effect of retaining existing constitutional provisions without these additional protections.
SECTION 10. Effective date of constitutional amendment if approved
If approved by the electors, the constitutional amendment shall become effective on the date the election results are certified by the Secretary of State.
SECTION 11. Relationship between statutory and constitutional provisions
A. The statutory provisions enacted in this act shall take effect immediately upon the signature of the Governor or upon the expiration of the period for gubernatorial action as provided by law.
B. If the constitutional amendment proposed in this act is approved by the electors, the statutory provisions shall remain in effect as implementing legislation for the constitutional amendment. If any conflict arises between the statutory provisions and the constitutional amendment, the constitutional amendment shall govern.
C. If the constitutional amendment proposed in this act is not approved by the electors, the statutory provisions shall remain in full force and effect as enacted.
SECTION 12. Severability of whole act
If any provision of this act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the act that can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.
SECTION 13. Effective date
Except as otherwise provided, this act shall become effective upon the signature of the Governor or upon the expiration of the period for gubernatorial action as provided by law.
