Many New Yorkers will be heading to the polls in November to cast their votes on the pivotal presidential election. However, they will also have the opportunity to influence the future of LGBTQ rights and abortion rights in the State Constitution through a statewide ballot proposal.
The proposal, known as Proposal 1 or the Equal Rights Amendment, seeks to amend the Equal Protection of the Law clause of the state constitution, specifically Section 11 of the State Bill of Rights. This amendment aims to prevent discrimination based on various factors such as race, color, ethnicity, national origin, age, disability, creed, religion, sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, reproductive healthcare, and autonomy.
If approved, the amendment would enhance protections for LGBTQ individuals and pregnant people in response to the Supreme Court’s reversal of Roe v. Wade. While New York State already has protections based on sexual orientation through the Sexual Orientation Nondiscrimination Act (SONDA) and gender identity through the Gender Expression Non-Discrimination Act (GENDA), this amendment would further solidify these protections.
Legal experts like attorney Matthew Skinner believe that the amendment would elevate the constitutional status of the LGBTQ community and increase scrutiny on policies that discriminate against them. However, there are concerns about the enforceability of the part of the amendment addressing discrimination by private actors, which may require additional litigation and enabling legislation.
Supporters of the proposed amendment view it as a crucial safeguard against potential rollbacks of existing LGBTQ protections. On the other hand, opponents like Republican Congressmember Lee Zeldin have raised concerns about the amendment, particularly around issues of transphobia related to sports and restroom facilities.
As the election approaches, New York Democrats are actively promoting the ballot proposal to garner support from voters. Various LGBTQ lawmakers and advocacy groups are advocating for the amendment as a necessary shield against discrimination and a means to safeguard civil liberties.
Organizations like New Yorkers for Equal Rights and The New Pride Agenda are urging voters to vote in favor of the proposal to ensure that LGBTQ rights are permanently protected in New York. They emphasize the importance of upholding bodily autonomy and freedom, especially in the face of political volatility and uncertainty.
Ultimately, the Equal Rights Amendment represents a significant opportunity for New Yorkers to make a lasting impact on LGBTQ rights and other related issues by embedding essential protections into the State Constitution. As voters prepare to make their voices heard at the polls, the outcome of this ballot proposal could have far-reaching implications for the future of equality and inclusivity in the state.
