What is NY Prop 1, and what does it have to do with abortion?

NEW YORK - This Election Day, New Yorkers are heading to the polls to decide on Proposition 1, also known as the "Equal Rights Amendment."

This proposal aims to expand anti-discrimination protections in the state constitution, covering categories like ethnicity, national origin, age, disability, and "sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health care and autonomy."

Find live election results here on Election Day.

Although the words "abortion" or "LGBT" don’t appear on the ballot, the measure could protect abortion rights and broaden protections for LGBTQ+ individuals. 

Some voters question what these protections mean for issues like transgender athletes and constitutional rights.

Here’s everything to know about New York’s Proposition 1, its potential impact on abortion rights, and the legal debates around its description on the ballot.

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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.  The state 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. 

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.

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 in 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.

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.

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.