Proposal 1 in NYS Election
With Election Day approaching, one of the many things New Yorkers need to think about before casting their vote is Prop 1. Credit:Element5 Digital from Pexels
New York State residents will hit the voting booths on Nov. 5 for the general elections.
This year, there’s a new decision on the back of the ballots that will, ultimately, put the decision of whether or not to include protections for sexual orientation and reproductive rights in the state constitution in New Yorkers' hands.
“Proposition 1,” also known as the Equal Rights Amendment, holds importance in cementing constitutional rights and protecting citizens from any executive or legislative decisions that might attempt to impact reproductive healthcare choices or LGBTQ+ rights.
Currently, in Section 11, Article 1 of the New York State Constitution, there is only protection from discrimination for people based upon “race, color, creed or religion.” This leaves many other important areas left untouched.
The ballot proposal's phrasing adds that these new expansions will 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” and promises that the ERA will permit laws to prevent or avert past discrimination.
What called for the expansion of the amendment was the wake of the overturning of Roe v. Wade. The decision occurred in 2022 and led to many states banning or limiting access to abortions. New York State proposed this change when this decision initially occurred.
The ERA’s process of making it onto the ballot was a long one. The New York State Bar Association explains how it was presented as a concurrent resolution, a legislative measure that gives both the House and Senate joint position on a topic. It was then passed through both houses of the NYS Legislature for two sequential sessions.
When analyzing the political aspect of this new change in legislature, there seems to be much confusion and uncertainty among members of the Republican and Democratic parties. Both parties have utilized this amendment to fuel their political campaigns.
New York Democrats believe that this addition to the constitution is necessary to protect the rights of women and anyone else who is discriminated against based on race, religion, gender and more, as without it, anti-discrimination laws could change during a switch in the legislature. Democrats have also focused their campaign efforts on the abortion aspects of the bill to gain votes in many races.
As for New York Republicans, a poll from the New York Times shows that even Republican-led states do support abortion access and wish to preserve it. Republicans have geared their campaigns toward the gender and sexuality aspect of the ERA and how it poses a threat by allowing transgender athletes to participate in women’s sports. It will also nullify the parent medical decision-making for minors, particularly regarding transgender healthcare.
Regardless of beliefs on both sides, the proposition of this amendment was simply meant to create a permanent solution to protect and cement New Yorkers’ fundamental constitutional rights against an ever-changing political tide.
There is some concern, however, among New York residents surrounding the ballot question.
“I believe it’s sad that we’ve gotten to the point where we need to emphasize these equalities, but I believe it’s necessary for the political climate that we have today,” said Nur Malik-Ruiz ‘27, a New York resident.