People participate in an abortion rights rally outside of the Supreme Court. (Sarah Silbiger/Getty Images)
NEW YORK - New York voters passed Proposition 1, meaning an amendment designed to protect abortion rights and other civil liberties will be enshrined in the state’s constitution.
On paper, the "Equal Rights Amendment" is slated to expand the state constitution’s anti-discrimination protections to include a host of new terms such as ethnicity, national origin, age, disability, and "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health care and autonomy." In its current state, New York’s constitution only protects against discrimination based on race, creed or religion.
In terms of abortion, debate has sparked over what the Equal Rights Amendment will and will not protect. Republican critics have also voiced concerns over how the amendment could impact girls’ sports and empower noncitizens to vote, though the New York City Bar asserts that participation on sports teams and qualifications for voting will not change.
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Abortion rights at stake? NY's Prop 1 explained
As early voting begins in New York on October 26, Proposition 1—also known as the Equal Rights Amendment—has sparked debates. The amendment aims to expand protections from discrimination based on sex, sexual orientation, gender identity, and reproductive healthcare. FOX 5’s Sharon Crowley breaks down the key issues as voters prepare to decide.
Will the Equal Rights Amendment protect abortion rights in NY?
Democrats in the state legislature voted to put the amendment on the 2024 ballot after the U.S. Supreme Court overturned Roe v. Wade.
Backers of the amendment say that while its language doesn't explicitly enshrine the right to terminate a pregnancy, it would create a legal framework under which future restrictions on abortion would be interpreted by courts as an unconstitutional form of discrimination.
In a recent ruling, however, one state judge noted that its actual impact wasn't so clear-cut.
Judge David A. Weinstein turned down a request that written material be given to voters at polling places saying the amendment would protect abortion rights, in part because of its nonspecific language. He predicted it would be the subject of future legal wrangling.
"I lack the requisite crystal ball to predict how the proposed amendment will be interpreted in particular contexts," he wrote.
New York state law currently allows access to abortion until fetal viability, which is usually between 24 and 26 weeks.
A woman holds a sign to vote no for proposition 1 as New Yorkers from around the state hold a news conference on the steps of Schenectady City Hall on National Womens Equality Day to educate the pending threat to of trans people in girls and womens s …
Will the Equal Rights Amendment allow transgender athletes on girls’ sports teams in NY?
In the lead up to the election, Republicans ran a messaging campaign warning that barring discrimination based on someone's "gender expression" would create a constitutional right for transgender athletes to play on girls’ sports teams.
Backers of the proposed amendment say it is true that a constitutional ban on discrimination based on someone's "gender identity" would benefit transgender people, including trans athletes, though not in the dramatic way suggested by opponents.
State law already offers similar anti-discrimination protections to all public school students, said Katharine Bodde, interim co-director of policy at the New York Civil Liberties Union. Under those laws, she said, transgender people already have a right to play on sports teams that match their gender identity, she argued. But those protections would become codified into the state constitution, making it harder for a future legislature to change the law.
It is also plausible that the amendment, if passed, would become a factor if New York lawmakers ever decided to join the 25 states that have passed laws restricting or banning gender-affirming medical care for transgender minors. Supporters of the amendment said it would prohibit discriminatory bans on medical care. The U.S. Supreme Court is hearing arguments in its new term on whether such bans enacted elsewhere are unconstitutional or violate federal law.
Will the Equal Rights Amendment allow noncitizens to vote in NY?
The leading group opposing the amendment, the Coalition to Protect Kids-NY, held rallies across the state and put out advertisements against the proposal saying banning discrimination based on "national origin" could allow noncitizens to vote, and that the amendment would also take away parents' right to have a say in their child’s medical care.
People who support the amendment argue the group is trying to mislead voters.
State courts have ruled that other parts of the state constitution already bar noncitizens from voting. The New York City Bar Association said nothing about the amendment would wipe out existing state laws.
See all 2024 election results for New York here and track the balance of power in the U.S. Senate and House here.
The Associated Press contributed to this report.