After nearly two dozen states banned or restricted access to abortion following the overturn of Roe v. Wade in 2022, New York voters will determine whether the state protects abortion in its state constitution this election.
The Equal Rights Amendment, also known as Proposal 1, makes New York one of ten states where voters will have the opportunity to vote for an abortion-related state constitutional amendment.
Proposal 1 guarantees “equal protection” against discrimination based on “sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes and reproductive healthcare and autonomy,” in addition to traits that have been protected under past laws, such as race, color, ethnicity and national origin.
If passed, the proposal would amend Article I, Section 11 — the Bill of Rights to the New York State Constitution — to expand on current protections against discrimination on the basis of race and religion.
Progressive organizations such as the American Civil Liberties Union and Planned Parenthood have rallied behind the amendment, claiming that it will effectively protect access to abortion, LGBTQIA+ rights and other issues that have been in unstable political territory since 2022.
Sasha Ahuja, the campaign director for pro-ERA organization New Yorkers for Equal Rights, hopes that voters will consider the “long-term” protection of their rights when considering Proposal 1 on the ballot.
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“In June of 2022, Americans – and New Yorkers – were shocked that the Supreme Court overturned protections that we thought were safe all across the country,” Ahuja said. “It’s just a stark reminder that laws can be changed at any time, and the strongest and most protective thing we can do is make sure that our rights and freedoms are protected in our state’s constitution.”
In light of Dobbs, the New York legislature passed Proposal 1 in its second consecutive session in Jan. 2023, paving the way for the proposal to appear on the ballot this election.
According to Ahuja, the proposal will “close loopholes” in existing protections against discrimination in New York’s constitution.
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Though legislation such as the New York Human Rights Law, the New York Reproductive Health Act of 2019 and the Marriage Equality Act of 2011 offer some protection against discrimination, no current constitutional provision protects the broadened categories outlined in the proposal.
New Yorkers for Equal Rights is one of several progressive groups concerned about the stability of these laws while they lack a constitutional basis.
These concerns echo those of the New York State Legislature which expressed the need to adopt a “modern vision of equality” that “demands comprehensive equal protection” through the proposal.
The legislature also added that “many individuals are themselves members of numerous communities, identities, and protected classes, and true equality and justice demand protections that recognize the interconnected nature of discrimination.”
Voters across Tompkins County — such as Yvonne Fogarty, a member of the Tompkins County Democratic Committee — are working to champion the proposal locally by encouraging New Yorkers to “vote yes on Prop 1.”
“We have yard signs that we’re giving out,” Fogarty said. “We’re talking to everybody who comes in to pick up other yard signs. The people who are canvassing for Josh Riley are mentioning it when they go door-to-door.”
Josh Riley, the Democratic candidate for the NY-19 Congressional district, has publicly supported both Proposal 1 and the passage of the Equal Rights Amendment at the federal level.
Rep. Marc Molinaro (R-NY), the incumbent for NY-19, has recently gained national attention for becoming the first Republican to co-sponsor legislation on federal IVF protections, alongside Rep. Mike Lawler (R-NY).
Molinaro has also opposed a national abortion ban and affirmed his belief that “health decisions should be between a woman and her doctor, not in Washington,” in an advertisement titled “Where I Stand” released in August. He has not commented on Proposal 1.
However, Democrats have cast doubt regarding Molinaro’s dedication to pro-choice policies, pointing to his recent campaign collaboration with Rep. Kat Cammack (R-FL), the co-chair of the House Pro-Life Caucus.
The City of Ithaca Republican Committee did not respond to a request for comment regarding their stance on Proposal 1.
According to Ahuja, while New Yorkers generally support protections against discrimination and on abortion, one of the biggest challenges facing Proposal 1 is ensuring that New Yorkers know that it is on the back of their ballots.
Alanna Congdon, the Tompkins County Republican Commissioner, said that the Tompkins County Board of Elections is working to encourage voters to remember to vote on Proposal 1.
“Propositions are always on the back of the ballot [in New York], and we’re trying to encourage our poll workers to tell [voters that] it’s a two-sided ballot,” Congdon said.
Congdon added that voters can view sample ballots on the Tompkins County Board of Elections website or at their local poll sites before voting.