Get the latest Syracuse news delivered right to your inbox.
Subscribe to our newsletter here.

Voters in New York state will see Proposal Number One, an amendment to the state constitution formerly known as the New York Equal Rights Amendment, on their ballots this November.

The proposal would amend Article I, Section 11 of the New York Constitution to expand the scope of the state’s anti-discrimination laws. If passed, New York state would legally protect additional identity categories — including age, ethnicity, disability, sexual orientation, gender identity and pregnancy status — from discrimination.

The state currently prohibits discrimination based on race, skin color and religion. The proposed amendment adds protections for “ethnicity, national origin, age … or sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy,” it reads.

The language about pregnancy and reproductive healthcare would protect New York residents from being punished and criminalized for pregnancy outcomes, including miscarriages and stillbirths, according to the New York Civil Liberties Union. It also prevents the state from passing an abortion ban or banning private insurance coverage of abortions.

The New York Court of Appeals ruled in July for the proposition to appear on the ballot after a Republican member of the New York State Assembly alleged there was a procedural error in its drafting, seeking to prevent it from being on the ballot, the Associated Press reported.

The court dismissed the appeal ruling that “no substantial constitutional question is directly involved,” according to AP.

The proposal is supported by Planned Parenthood, the New York Immigration Coalition, the National Institute for Reproductive Health and the NYCLU, among other groups, according to The New York Times.

The proposal is also backed by New York Gov. Kathy Hochul and House Minority Leader Hakeem Jeffries, who plan to raise $20 million to support the initiative, according to The New York Times.

Groups opposed to the proposal include Moms for Liberty in Queens County, New York State Catholic Conference, Priests for Life and Students for Life Action, according to Ballotpedia.

New York State Sen. George Borrello said the proposition is too vague and is concerned it will permit late-term abortions, according to Ballotpedia. Opposition of late-term abortions is also listed in the Republican Party’s 2024 platform.

Democrats previously used the proposition to encourage people to go to the polls after low voter turnout in the 2022 midterm elections contributed to the party losing control of the United States House of Representatives.

The New York State Republican Party opposes the proposal and argues that Democrats are “falsely portraying abortion rights as under threat (to) inspire enhanced voter turnout for their side,” according to its website. The party says the amendment additions are too vague and will be the subject of future litigation.

Twenty-nine state constitutions contain similar clauses that expand equal rights legislation. Nevada was the latest state to adopt an equal rights provision when voters passed the Equality of Rights Amendment in 2022. At the time, the Associated Press reported that Nevada’s version of the ERA amendment was the “most comprehensive” across all states.

New Yorkers will vote on the proposal during the 2024 U.S. general elections on Tuesday, Nov. 5. To register to vote, visit Vote.gov.

Published on September 15, 2024 at 9:44 pm

Contact Delia: dsrangel@syr.edu