Prop 1 - Equal Rights Amendment

Ballot Icon Ballot Measure

PASSED

Result Icon Result

LIBERAL

BALLOT LANGUAGE

This proposal would protect against unequal treatment based on ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity and pregnancy. It also protects against unequal treatment based on reproductive healthcare and autonomy.

WHAT IT MEANS

YES

A "Yes" vote means that you desire to add the following protected classes to the existing list of protected classes in Article 1 of the state constitution: ethnicity, national origin, age, disability, sex (including sexual orientation), gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy. This would allow the following and more:

  • gender transition procedures for minors.
  • abortion for minor females without parental consent or notification.
  • abortion through all nine months of pregnancy.
  • biological males competing in female sports.

NO

A "No" vote would preserve the existing protections in Article 1 of the state constitution for race, color, creed, and religion. This would maintain the following protections and more:

  • essential protections for minors.
  • reasonable restrictions on abortion.
  • religious liberty.

ARGUMENTS FOR AND AGAINST

YES

  • “All New Yorkers deserve to have our fundamental rights and freedoms protected, including our right to abortion. And no New Yorker should be discriminated against because of who they are. Many of us took it for granted that our reproductive freedom would always be protected. When Roe v. Wade fell, we were shocked, and we realized our rights aren’t as safe as we thought. Since then, reproductive rights like abortion, birth control, and IVF have been under attack across the country. We need to do everything we can to ensure that never happens in New York. We need to cement our fundamental rights and reproductive freedoms in the state constitution so they are permanently protected and cannot be rolled back by out-of-touch politicians in the future. And Prop 1 doesn’t stop there: it also closes loopholes in the state constitution to make sure that no New Yorker can be discriminated against by the government, regardless of gender, age, ethnicity, pregnancy status, disability status, or whether someone is LGBT. Because those in power shouldn’t be able to take advantage of any New Yorker, especially the most vulnerable among us.” - New Yorkers for Equal Rights

“Our New York State Constitution is wholly inadequate when it comes to ensuring equality. We need a constitution with broad protections for every New Yorker. The current New York State Constitution fails to prohibit discrimination against groups who have been historically targeted, including those with disabilities, LGBTQI+ individuals, immigrants, women, and pregnant people. Adding an Equal Rights Amendment to our state constitution would:  

  • Broadly prohibit discrimination on the basis of race, color, ethnicity, national origin, disability, age, or sex including pregnancy and pregnancy outcomes, reproductive health care and autonomy, sexual orientation, gender identity, and gender expression. 

  • Explicitly include language to clarify that discrimination based on a person’s pregnancy or pregnancy outcome is sex discrimination – this is crucial given the national trend of criminalizing people for various pregnancy outcomes, as well as the Supreme Court’s overturning of Roe v. Wade. 

  • Ensure comprehensive and inclusive equal protections that will guard against attacks on our rights from the federal government or federal judges, including threats to the legal equality of LGBTQI+ people.” 

-  League of Women Voters of New York

  • Legal discrimination on the basis of sex is not a concept of the past. We experience gender injustice in our day-to-day lives that could be remedied by the Equal Rights Amendment. Furthermore, the progress of the past 60 years is not irreversible. Take the overturning of Roe v. Wade for example. The ERA would provide a clear judicial standard for deciding cases of sex discrimination. The ERA would protect access to reproductive healthcare, including abortion, federally and at the state level. The Equal Rights Amendment will expand protections for queer and transgender folks. The ERA will work to combat inequities seen in education. The ERA would provide a strong legal defense against a rollback of the significant advances in gender equality that have been achieved since the mid–20th century. The Equal Rights Amendment will advance economic justice.” - Young Feminist Party

  • “While New York has a robust set of anti-discrimination statutes, our state Constitution is inadequate when it comes to ensuring equality. In November 2024, New Yorkers will be able to demand the lasting protections of a constitutional amendment that would prohibit discrimination against groups who have been historically targeted, including those with disabilities, LGBTQI+ individuals, people of color, immigrants, women, and pregnant people. With a Supreme Court empowered to roll back fundamental rights and protections that advance equality, it’s crucial that New York meets the moment by enshrining protections against discrimination in our state Constitution.” - Donna Lieberman, Executive Director, New York Civil Liberties Union  

NO

  • “If entities cannot “discriminate” based on age and gender identity or expression, under the new amendment language, medical providers could be required to facilitate a child’s request to make permanent, life-altering “gender affirming” decisions and they would not need to consult with parents. Additionally, biological males would have a constitutional right to compete in girls' school sports. Laws that determine the legal age to purchase and/or consume alcohol or cannabis, determine elder abuse and statutory rape could all be weakened because they “discriminate” based on age. If these poorly written one-size-fits-all additions to the amendment pass, each of these common sense guard rails that protect kids could be deemed unconstitutional under the New York State Constitution. The proposed amendment opens the floodgates for the New York State Government to wield more authority than parents regarding important decisions for their minor children.”  - The Coalition to Protect Kids-NY 

“The dangerous effects of this amendment include: 

  • It would enshrine abortion on demand up until the moment of birth into our constitution. This would prevent reasonable and common-sense limitations on abortion, such as bans on late-term abortions and sex-selection abortions.

  • It would undermine the ability of parents to make important decisions about their children’s health care. Children could be allowed to make life-altering decisions – such as “gender reassignment” surgery – without parental consent or knowledge. 

  • It would undermine legal protections based on a person’s age. Restrictions on the sexual activity of minors could be overturned, and bans on assisted suicide could be overturned. 

  • It would endanger the religious liberty of individuals and institutions that do not want to cooperate with practices, like abortion and “gender reassignment”, that violate their religious beliefs.” 

 - Archdiocese of New York 

  • “Proponents of NY’s ballot measure claim they’re most concerned about protecting reproductive rights, that the amendment is all about that tried and true blue term : “abortion access.” NY’s proposed ERA, however, goes much further than simply protecting abortion rights. The amendment includes, among other things, the fundamental right of minor children to obtain abortions, including chemical and second and third trimester abortions, as well as a child’s fundamental right to engage in transgender medical interventions. The ERA also empowers Courts to either nullify current or future state laws that require parental notice or consent or to validate state laws that ignore parental notice or consent for these and other life ending or life altering procedures.” - Feminists Choosing Life of New York 

  • “Most New Yorkers likely do not understand the ERA’s potential implications, particularly on matters of gender identity. The amendment is deceptively framed as a benign provision to “protect all New Yorkers,” but its sponsors clearly did not have New York parents in mind. The amendment would enshrine protections for gender identity and expression at the state constitutional level, entrenching misguided policies. The bill’s backers want to hide these potential consequences from public view. But if New Yorkers are going to vote away their parental rights, they ought to know what they’re voting for.” - Joseph Figliolia, Policy Analyst, Manhattan Institute 

FINANCIAL BACKING

The following information provides insight into the money being spent to pass or defeat the ballot measure.

YES

Committees formed to SUPPORT the New York Proposal 1, Equal Protection of Law Amendment (2024):

NEW YORKERS FOR EQUAL RIGHTS

Selected Contributions TO: New Yorkers for Equal Rights include:

  • New York Civil Liberties Union
  • Planned Parenthood Federation of America
  • LJS Revocable Trust
  • National Institute for Reproductive Health
  • Planned Parenthood Empire States Acts

*TO VIEW COMMITTEE FINANCIAL REPORTS:

  • Click on the link - this will bring you to the New York "Search Contributions by Recipient"
  • Choose "Committee" from the "Search By" Dialog Box ad enter the Committee name in the box below
  • Select 2024 from the drop down box
  • Select From and To dates to limit the search
  • Hit the "Search" button

NO

Committees formed to OPPOSE the New York Proposal 1, Equal Protection of Law Amendment (2024):

COALITION TO PROTECT KIDS-NY

Selected Contributions TO: Coalition to Protect Kids-NY include:

  • Carol Crossed

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