Eligible New York voters will have the opportunity to amend the state constitution on Election Day. Appearing on the ballot as Proposition 1, the proposed Equal Rights Amendment extends the civil rights protections enumerated in Article 1, Section 11 of the New York State Constitution, which currently outlaws discrimination based on race, color, creed and religion.
The Equal Rights Amendment would amend the section “to also protect against unequal treatment based on ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, and pregnancy outcomes, as well as reproductive healthcare and autonomy.” Essentially, the amendment expands civil rights protections while, simultaneously, enshrining the right to abortion in the Constitution. It’s a no-brainer; New Yorkers should vote YES on Prop 1.
The most prominent aspect of the Equal Rights Amendment is its protection of abortion rights, which were made vulnerable to the whims of state legislatures by the Dobbs decision in 2022. In total, 13 states currently have outright abortion bans. Additionally, 4 states have passed bans on abortion before the sixth week, which effectively function as bans.
New York already has state laws protecting abortion until viability. Enshrining reproductive rights in the state constitution would make it difficult for future legislatures to restrict abortion rights. According to the Pew Research Center, 64% of New York residents believe that abortion should be legal in all/most cases. The state constitution should reflect these values.
Like abortion rights, the civil rights protections offered by Proposition 1 already exist in state law. Why should these rights not be enshrined in the state constitution? Should the rights of disabled people, women and New Yorkers with different ethnicities only be protected so long as the state legislature sees fit? New York should guard its most vulnerable citizens from discrimination.
Opponents of Prop 1 claim that its stipulations would allow transgender athletes to compete in girls’ sports. Widespread political messages urging voters to “Save Girls Sports” and “Protect Parental Rights” by saying NO to Prop 1 have populated front lawns and television advertisements. These messages echo the anti-trans sentiments expressed by a growing number of conservative politicians, the most prominent of whom is former president Donald Trump. His viral “I Don’t Want” commercial proclaims, “Kamala is for they/them, Donald Trump is for you.”
Locally, the Nassau County legislature passed a ban on transgender athletes in girls’ sports. Notably, the ban did not extend to transgender athletes participating in boys’ sports, perpetuating sexist narratives that males are inherently more athletic than females.
These fear-mongering tactics have real effects on transgender Americans. Gender-affirming care – which has been proven to be a life-saving treatment for gender dysphoria – has been targeted relentlessly by conservative policies. Legislation that targets transgender people empowers anti-trans bias interpersonally. For instance, 43% of transgender youth are bullied by their peers on school property, and that is just one negative effect. Trends like these are the reason why legislation like the Equal Rights Amendment is needed. No person deserves to be villainized by their own government.
Current polls estimate that 69% of voters support Proposition 1. Nothing can be certain until all the ballots have been counted, but for now, it seems that New York is on track to amend its constitution and guarantee equal protection for a greater number of its residents.
