Chance for New Yorkers to vote for an LGBTQ+ “equal rights" amendment
August 29, 2024This November, voters in New York, U.S.A., have a chance to enshrine abortion rights and safeguard against gender discrimination through New York’s Proposal 1.
Known as the Equal Rights Amendment, Proposition 1 extends protections to encompass abortion and addresses loopholes that currently prevent LGBTQ+ individuals from enjoying certain rights and protections found in the New York State Bill of Rights. According to ‘LGBTQ Nation’, the proposal allows New York residents to “add anti-discrimination provisions to the State Constitution. It addresses ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity, and pregnancy. It also addresses reproductive healthcare and autonomy,” as outlined by the New York State Board of Elections.
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In the context of a post-Roe environment, Proposal 1 is seen by advocates as crucial. The New York Civil Liberties Union (NYCLU) backs the proposal, remarking: “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. And though we have strong laws protecting us from discrimination, we know that laws aren’t enough, because they can be easily changed, as we’ve seen time and again in recent years as political winds shift.”
The bill highlights the 2022 gubernatorial race where Lee Zeldin, a Republican candidate who opposed abortion, was nearly successful, coming within six points of winning. Proposal 1 aims to prevent such politicians from rolling back existing abortion and gender discrimination protections.
While proponents of Proposal 1 emphasise its defence of abortion rights, opponents criticise its provisions for LGBTQ+ rights. The initiative seeks to address gaps in the current state Equal Rights Amendment, which fails to shield the LGBTQ+ community from discrimination.
The New York GOP argues that the proposal would “create new constitutional rights and likely become the subject of litigation by activist groups seeking to create new ‘rights’ inconsistent with the views of most New Yorkers. Among these new ‘rights’ are ‘gender identity’ and ‘gender expression’ covering ‘all persons’ including minor children. The ERA would create a constitutional right to medical transgender procedures without parental consent.”
Conservative critics often repeat unproven claims that it might result in “the medicalization and indoctrination of children” and allow “biological males to assert a new constitutional ‘right’ to participate on female sports teams.”
Recently, Albany County Supreme Court Judge David Weinstein altered the amendment's language. The initial version of Proposal 1 included “anti-discrimination provisions” encompassing sexual orientation, gender identity, pregnancy, and reproductive healthcare and autonomy. Mentions of “abortion” or “LGBT” were removed by Judge Weinstein.
The NYCLU states, “Prop 1 will be a critical tool for all New Yorkers to exercise their rights. That’s why powerful, well-funded, anti-abortion forces are working hard to defeat it, even before voters get a chance to pass it.”
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