Article I Section 18 of the Illinois Constitution

In People v. Ellis 57 Ill. 2d 127, 130, 311 N.E.2d 98 (1974) court concluded, the Constitution of 1970 contains section 18 of article I, and in view of its explicit language, and the debates, the Court found inescapable it was intended to supplement and expand the guaranties of the equal protection provision of the Bill of Rights and requires us to hold that a classification based upon sex is a 'suspect classification' which, to be held valid, must withstand 'strict scrutiny.'" Ellis 57 Ill. 2d at 133. As Ellis demonstrates, the drafters intended article I, section 18, to expand upon the general guarantee of equal protection conferred in article I, section, 2, by designating gender a suspect classification. However, there is no indication that, in expanding the general guarantee of equal protection, the drafters intended article I, section 18 to provide for a private right of action for damages. Rather, the Ellis court's analysis indicates that the type of action contemplated under article I, section 18, by the drafters was an action solely to challenge the constitutionality of classifications by the State. The text of article I, section 18 its self is further indication that the drafters did not intend a private right of action for damages under this provision.