Prop 1, explained: Do NY voters know abortion is on the 2024 ballot?
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.
NEW YORK - As thousands of New York voters head to the polls for early voting in the 2024 election, they are being prompted to vote "yes" or "no" on Proposition 1, formally known as the "Equal Rights Amendment." Yet some voters may not realize the proposition was designed to protect abortion rights.
Others question the constitutional implications for transgender athletes.
If Prop 1 passes, New York's Constitution would expand its list of anti-discrimination measures to include ethnicity, national origin, age, disability and "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health care and autonomy."
Yet nowhere on the ballot are the words "abortion" or "LGBT," another class that could be protected under the Equal Rights Amendment.
Here's everything you need to know about New York's Proposition 1, why it could protect abortion if passed, and the legal fight over the ballot measure's description:
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What happens if Proposition 1 passes?
If Proposition 1 passes, the right to an abortion and protection against discrimination based on things like disability, gender, sexuality, and ethnicity will be added to the New York State Constitution. New York’s Constitution already bans discrimination based on race, color, creed or religion.
Supporters, many Democrats, believe expanding the state’s anti-discrimination protections will make it harder for future politicians who oppose gay marriage or abortion to limit these rights in New York.
New York currently allows abortion until fetal viability, which is usually between 24 and 26 weeks of pregnancy. Democrats have firm control of state government, making any new restrictions unlikely.
"We might like to think we’re safe from these attacks here in New York, but the truth is there are dangerous loopholes in our state constitution that leave us vulnerable to the whims of politicians," New York's branch of the ACLU wrote in a blog post.
Opponents of Proposition 1
New York's state Republican Party is against the proposal, arguing that the state already has anti-discrimination laws. They believe this amendment goes too far by adding more than just abortion rights to the list of protected groups.
Some opponents argue that it's a case of constitutional overreach. Others, like The Coalition to Protect Kids-NY, say that by adding protections for groups like age, Proposition 1 could take away parents' say in their children's healthcare decisions. Many are concerned it could impact issues like allowing transgender girls to play on girls' high school sports teams.
Impact on transgender people in sports
Republicans have been running 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.
"The consequences of the state constitution being amended is drastic," said Lee Zeldin, a Republican former congressman and gubernatorial candidate who is a leading critic of the amendment.
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
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 antidiscrimination 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.
"Opponents fear-mongering about the small handful of students already participating in sports is dangerous and bullying of a vulnerable population of kids," Bodde told The Associated Press.
Nassau County on Long Island recently enacted legislation banning teams with transgender athletes from using any county facilities, unless the team is designated as co-ed.
A court battle is underway over whether that Nassau County ban violates existing state law. New York's attorney general said it does.
Attorneys for the county argued in a court filing that the ban isn't discriminatory because it doesn't exclude transgender women and girls from sports, but rather requires them to play in a co-ed league "with those of their same physical ability, strength, speed, force, so as not to dominate women’s sports."
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.
Fundraising troubles and ballot measure fight
New Yorkers for Equal Rights, the coalition behind Prop 1, said in late August that it aimed to raise $20 million. However, reports showed it only had $1.6 million left at the end of the last quarter after spending a lot on consultants
New York Gov. Kathy Hochul has promised that the state Democratic Party will spend over $1 million to support Proposition 1, with the money going toward efforts like advertising and mail campaigns.
A New York judge also said in August he won’t force state election officials to tell voters that Prop 1 would protect abortion rights, dealing a blow to Democrats who pushed for the change. The decision from Judge David A. Weinstein came in a lawsuit over the language that voters will see on ballots this November.
Democrats wanted the state Board of Elections to include the words "abortion" and "LGBT," arguing that they would make the amendment’s purpose clearer to voters.
NYC voters sound off: Reproductive rights
As the 2024 election approaches, reproductive rights are a key issue for voters across the nation. FOX 5’s Sharon Crowley breaks down the stances of the two leading candidates, Kamala Harris and Donald Trump, on abortion and reproductive health, and spoke with New Yorkers to hear their opinions.
But Weinstein said he was reluctant to declare that the amendment would protect abortion rights, arguing its actual impact on abortion is complex and likely to become the subject of future court battles.
"I lack the requisite crystal ball to predict how the proposed amendment will be interpreted in particular contexts, nor do I believe it appropriate for a court to answer complex interpretive questions regarding the meaning of a proposal before it has even been enacted, or to compel the Board to do so," Weinstein wrote.
How to vote Proposition 1
This proposal would protect people from being treated unfairly based on things like ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, and pregnancy. It also protects rights related to reproductive healthcare and personal choices.
- A "YES" vote adds these protections to the New York State Constitution.
- A "NO" vote keeps them out of the Constitution.
The Source: This article uses reporting from the New York Times and the Associated Press along with official statements from politicians and advocacy groups.