In the upcoming election on Nov. 5, an amendment of the New York Constitution titled Proposition One (commonly referred to as Prop. 1) is on the ballot for voters. Voters can either vote “YES” to add the protections to the New York State Constitution or vote “NO” to leave the protections out of the state’s constitution.
What is Prop. 1?
Prop. 1 aims to amend section 11 of article I of the New York Constitution, by adding to the list of characteristics to be protected under the law from discrimination. Currently, section 11 states that race, color, creed, and religion are protected from discrimination. Prop. 1 would add ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy. The amendment would also ensure that the additional protected characteristics will not invalidate laws designed to prevent discrimination or limit civil rights based on other protected characteristics.
A committee report from the New York City Bar summarizes what the amendment will and won’t do, as well as informs voters that in order to vote on Prop. 1 they must flip their ballot over.
Support for Prop. 1
Prop. 1 is supported by the New York Civil Liberties Union (NYACLU).
“Proposal 1 will keep New Yorkers — not politicians — in charge of our personal decisions and will enshrine equal rights into our state constitution,” stated the ACLU. “Prop. 1 will be a critical tool for all New Yorkers to exercise their rights.”
New Yorkers for Equal Rights, a coalition of over 500 civil and reproductive rights organizations, endorses Prop. 1 as a way to protect freedoms and to limit politicians restricting New Yorkers’ rights through giving the power to the individual.
“Vote Yes on Prop. 1 to protect our fundamental rights and reproductive freedom — including abortion. All New Yorkers deserve to have our fundamental rights and freedoms protected, including our right to abortion. And no New Yorker should be discriminated against because of who they are,” they wrote on their website.
Planned Parenthood also calls on New Yorkers to take action in support of Prop. 1 through educational sessions, phone bank volunteering, and canvassing. Planned Parenthood, in partnership with New Yorkers for Equal Rights, supports Prop. 1 on the basis of protecting individuals from governmental discrimination and ensuring an individual’s reproductive freedom. The organization points to the overturning of Roe v. Wade and recent attacks on reproductive rights as a motivation for passing Prop. 1.
The New York State Democrats urge voters to vote “YES” to Prop. 1 because of the protection it would give to New Yorkers from discrimination and the reproductive freedom that would be gained.
“In addition to protecting abortion rights, Prop 1 will: protect older New Yorkers and those with disabilities, stop discrimination against LGBTQ workers, and cement New Yorkers’ access to reproductive rights like contraception and IVF,” they listed on their website.
Opposition to Prop. 1
The New York State Republican Party opposes Prop. 1 on the grounds that it is redundant, vague, and dangerous for parental rights. They also believe it will create reverse discrimination and misuse taxpayer money.
The Republican party disputes proponents of Prop. 1 that believe Prop. 1 is needed to protect abortion rights for New Yorkers, citing that abortion was legalized in New York in 1970, that there are no threats in regards to appealing that, and that abortion isn’t even mentioned in the amendment.
“The word abortion does not appear in the amendment language as it does in other U.S. state proposals protecting abortion rights. Instead it uses broad terms (‘pregnancy outcomes’ and ‘reproductive autonomy’) leaving much to judicial interpretation.”
They argue that rather than protect the right to abortion, Prop. 1 will do more to harm New Yorkers than help them.
“These new constitutional ‘rights’ will grant minor children the right to transgender and other types of medical interventions — all without parental notification/consent. Parents will remain financially and legally responsible for managing emotional and physical regulation impacting their minor children.”
The Republican party argues that Prop. 1 would take away parental rights by removing the parental consent requirement for children’s medical procedures and allowing the children to decide what they tell their parents about regarding medical procedures.
“In creating ‘national origin’ as a new protected class, Prop. 1 creates a constitutional basis for taxpayer benefits to support non-citizens and illegal migrants,” they listed on their website.
They argue that by including national origin in the characteristics protected under law from discrimination, Prop. 1 will constitutionally protect non-citizens and their access to public assistance. This would then open the door to allowing migrants to skip the six-month waiting period for work authorization, vote in elections, and apply for public service jobs.
“Prop. 1 contains language which will legalize ‘reverse discrimination’ programs in the governmental and private sectors if intended to remedy past discrimination. This provision provides a state constitutional framework to utilize racial and ethnic quotas in hiring, education admissions, and a range of other areas.”
The Republican party argues that Prop. 1 would cause reverse discrimination through programs like hiring and education admission quotas designed to fix consequences of past discrimination.
The Catholic Bishops of New York State released a statement titled “Proposal 1: A Wolf in Sheep’s Clothing,” explaining that the amendment puts forth a noble idea that in practice is dangerous. According to the statement, although Prop. 1 is called the Equal Rights Amendment, it strips away parental rights and makes it impossible for future abortion limitations.
“Proposal 1 is a wolf in sheep’s clothing that could lead to darkness for many New York families. This amendment disregards the lives of unborn and struggling children in the name of political agendas. It could have dangerous consequences for these children and their parents. As they look to make their voices heard in the public square, faithful Catholics should consider these consequences and vote no.”
The Coalition to Protect Kids-NY, a ballot issue committee against Prop. 1, is asking New Yorkers to vote “NO” to Prop. 1 and save girls sports. The coalition believes that Prop. 1 will require schools to allow biological males into female sports, take away parental rights, and jeopardize religious liberties. They also believe that Prop. 1 would take away senior discounts and weaken protections against statutory rape and elder abuse.
“The so-called Equal Rights Amendment, which we have dubbed the Parent Replacement Act, poses significant risks to parental rights and family autonomy,” stated the coalition. “Furthermore, if these poorly written one-size-fits-all additions pass, each of the common sense rails in our society could be deemed unconstitutional under state law. The New York State government could have more authority than parents in making medical decisions for their minor children.”
