Election Day 2024: Proposition 1 Equal Rights Amendment Passes in New York: ABC Projects

NEW YORK — The equal rights proposal that was voted on in New York is projected to pass, according to ABC News.

Supporters and opponents disagreed strongly over the potential legal impact of the Equal Rights Amendment, also known as Proposition 1. It was fiercely opposed by conservatives, who said it would enshrine a legal right for transgender athletes to play on girls’ sports teams.

The amendment adds language to the state constitution saying someone cannot be denied civil rights because of national origin, age, disability, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes or “reproductive health care and autonomy.” Previously, the constitution prohibited discrimination based on race, creed or religion.

The video in the media player above is from a previous report.

Democratic leaders placed the amendment on the ballot in part in hopes of boosting turnout among voters passionate about protecting abortion access in an election year in which races for the US House in New York could help decide which party control Congress.

But the approach Democrats took with the amendment’s language led to confusion — and one of the year’s most unusual political fights.

While other states with abortion-related questions on their ballots chose to directly address when termination of pregnancy should be legal, New York lawmakers took the indirect approach of writing the proposed amendment as an anti-discrimination measure.

The intent, they said, was to create a legal framework in which any restrictions on abortion would amount to an unconstitutional form of discrimination in health care. The New York Bar Association agreed with that assessment, as did other legal experts.

However, the fact that the amendment itself does not use the word abortion has caused headaches for its supporters. It also opened the door for opponents to argue that the other anti-discrimination measures would lead to a number of unintended consequences.

Opponents argued that the amendment’s “gender expression” protections would create a constitutional right for transgender athletes to play on girls’ sports teams.

They argued that banning discrimination based on national origin could lead to noncitizens being allowed to vote, and that banning age discrimination could eliminate discounts for senior citizens. Some groups argued that it would prevent parents from having a say in their child’s medical care.

Previous state court decisions have found that existing language in the state constitution prohibits citizens from voting. And the New York Bar Association says the amendment will not block existing state laws that require parental consent for a child’s medical care.

Legal battles are already underway in New York over whether existing state and federal laws give transgender people the right to play on gender-identifying sports teams.

Democrats in the state legislature voted to put the amendment on the 2024 ballot after the U.S. Supreme Court overturned Roe v. Wade. Voters elsewhere have shown support for abortion access in previous elections. An Associated Press-NORC Center for Public Affairs Research poll recently found that 7 in 10 Americans believe abortion should be legal in all or most cases.

Uncertainty about the New York amendment’s impact on abortion, however, was pronounced enough to prompt even the state Board of Elections to throw up its hands. The board is responsible for writing simple explanations of the proposed amendments that voters will see on their ballots. Instead of interpreting the measure or including the word abortion in its description, the board decided to restate the language of the text amendment.

Supporters of the amendment objected, but a judge declined to compel the commission to rewrite its description, in part because he could not say with certainty how courts would interpret the amendment’s language when it comes to abortion.

Abortion is currently legal in New York up to the 24th week of pregnancy. After that, it is legal only if the life, physical or mental health of the pregnant woman is in danger, or if a medical provider determines that the fetus is not viable. Viability is a term used by healthcare providers to describe whether the pregnancy is expected to develop normally or whether a fetus could survive outside the womb. Democrats hold firm control of New York state government, making any new abortion restrictions unlikely in the near future.

But if a future legislature were to try to limit access to abortion or, for example, pass a law banning sex-affirming medical care for minors, that’s where the amendment’s supporters said it would have the most profound effect. Unlike a state law, which can be repealed by a legislature, an amendment must be passed by lawmakers twice and then sent to voters for final approval.

RELATED | Voter’s Guide 2024: New York, New Jersey, Connecticut

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