BY: HALEY BROWN / STAFF WRITER
New York’s Equal Rights Amendment, also known as Proposition 1, has passed, bringing a significant shift in civil rights protections across the state. This measure adds language to the state constitution that explicitly prevents discrimination based on various factors such as national origin, age, disability, sexual orientation, gender identity, gender expression, pregnancy, and its outcomes, as well as “Reproductive healthcare and autonomy.” Previously, these protections were limited to race, creed, and religion, but the new amendment broadened that scope.
The proposal has ignited fierce debate. Many conservatives opposed the amendment, claiming it would allow transgender athletes to compete on girl’s sports teams and conjure other “unintended consequences.” Opponents suggested that protection for “gender expressions” would effectively enshrine the right of transgender athletes to join teams aligning with their gender identity.
Some also argued that it might allow noncitizens to vote or lead to changes in age-based discounts and parental rights over children’s medical care. But legal experts, including the New York City Bar Association, countered the points stating the amendment doesn’t override existing laws on these issues.
The passage of Proposition 1 is seen as a preventative measure in response to Trump’s return to office in January, safeguarding against any potential rollback of rights by Trump’s administration. Trump and his allies have expressed an agenda with the intent of restricting certain freedoms for minorities, the LGBTQ+ community, and women’s autonomy and equality. This growing movement for protections has birthed a renewed urgency, aiming to solidify civil rights in a way that is not easily overturned.
Democratic leaders were eager to get the amendment on the ballot, hoping it would bring out voters who care about abortion rights, especially since New York’s house races could play a significant role in who controls Congress. However, instead of moving with a straightforward statement about how and when abortion should be legal like some other states did, New York lawmakers went with a more indirect approach, framing it as an anti-discrimination measure.
However, the language of the amendment still turned out to be a bit confusing. It stumped the state board of election which ultimately decided to present the amendments text on the ballot as-is, without further explanation. Some supporters wanted a clearer mention of abortion, but a judge upheld the board's decision saying it was tough to predict exactly how courts might interpret the amendment.
Currently, abortion is legal in New York to 23 weeks of pregnancy, with an expectation for health risks or if the fetus is viable. With Democrats firmly in control of New York’s government and the passing of this proposition, it's unlikely we’ll see new abortion restrictions anytime soon.
However, supporters of Proposition 1 feel this amendment could be crucial down the line if Trump’s administration and supporters make good on their threats of restricting access to abortion and gender-affirming care for minors.
Given the current political climate, and tensions being high post-election, Proposition 1’s passing stands to relieve some anxiety to those who could be affected by potential laws being changed and put in place. Supporters of the amendment are hopeful that this can inspire defense for civil rights in other states.
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