New York voters will have the opportunity to vote this November on a controversial “Equal Rights” constitutional amendment, which would bar discrimination based on “gender identity” and “pregnancy outcomes.”
Court Ruling
The amendment was disputed in court, but the court of appeals upheld a ruling allowing it to appear on the November ballot, where all New York voters can decide for themselves if the protections should be extended to fellow New Yorkers.
Ideological Attraction
Some see the constitutional amendment as a magnet that will draw ideological voters, particularly Democrats, to the polls in November to support it.
Support for the Amendment
Supporters of the amendment have advertised the initiative as protecting abortion rights in the state, hoping to attract Democrats out to the polls to cast their ideological vote.
Opposition to the Amendment
An equal push has emerged in opposition to the amendment, as conservatives have suggested that the “Equal Rights” amendment will confer rights for transgender individuals and potentially infringe upon parental rights or the special protections currently in place for women and girls in sports, for example, or in bathrooms and dressing rooms.
Current Constitution
As it currently stands, the New York Constitution prohibits discrimination on the protected categories of race, color, creed, or religion.
Proposed Changes
The “Equal Rights Amendment” would extend the prohibition to discrimination based on sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, reproductive healthcare, autonomy, ethnicity, national origin, age, and disability.
Focus on Abortion
The “Equal Rights amendment” would not enshrine the right to abortion in the New York Constitution but instead would prevent discrimination against a person for choosing to have or not have an abortion.
Public Relations Tactic
The focus on abortion is a public relations tactic to energize the Democratic base to vote along party lines in many contested House seats that are leaning Republican or are considered toss-up seats.
Threat to Abortion Rights
The threat presented to their voters by Democratic activists is that if the up-for-grabs Congressional seats fall to Republicans, then the right to abortion will be stripped back in the country.
Engaging Voters
They hope the threat of this outcome will be strong enough to engage voters and cause them to vote for the amendment and the Democrat running for the seat.
Republican Opposition
Republicans have also made the most of the opportunity to oppose the ballot amendment.
Concerns Over Gender-Affirming Care
They have publicized the complaint that the Equal Rights Amendment would permit minors to access gender-affirming care without parental consent or notification.
Legal Considerations
Republican lawmakers in New York opposed the constitutional amendment, but the legal considerations favored the Democrats, and voters will be tasked with determining the outcome of the proposed amendment.
