Prop 1, explained: Do NY voters know abortion is on the 2024 ballot?

NEW YORK - In the 2024 election, New Yorkers will vote "yes" or "no" on Proposition 1, formally known as the "Equal Rights Amendment." Yet some voters may not realize they are casting a vote for or against abortion rights protections. 

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 would protect abortion if passed, and the legal fight over the ballot measure's description:

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.

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.

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 Monday, Aug. 26, 2024 in Schenectady, N.Y. (Lori Van Buren/Times Union)

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.