Proposal One on the November ballot will amend the New York State constitution under Article 1 of the state Bill of Rights. It will repair systemic inequality in New York State and recognize the multi-faceted nature of protected classes and social identities: that means that not only race and religion — which are currently protected — would be seen as key aspects of someone’s identity, but additional facets including “ethnicity, national origin, age, disability and sex, including one’s sexual orientation, gender identity, and gender expression.”

It would also protect against any government actions that would curtail a person’s reproductive autonomy or access to reproductive health care, including pregnancy and pregnancy outcomes (e.g., stillbirth, spontaneous abortion). While the terms “abortion” and “LGBT” do not appear in the language of the amendment, protection from discrimination and a guarantee of access to abortion and other reproductive health care would absolutely be protected. Proposal One would further protect people in the workplace, housing and education-related institutions from discrimination based on gender. Part of the proposed amendment reads: “no person shall be discriminated against … in their civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state pursuant to law.” Finally, it would provide constitutional protection to people’s access to fertility treatments and pregnancy care as well as various pregnancy outcomes (such as stillbirth or spontaneous abortion), in addition to providing access to contraception and abortion.

Twenty-nine states currently have an equal rights amendment in their state constitutions; Nevada was the last to pass one, in 2022. New York’s ERA would be the most inclusive in the nation if it passes. So this is not a unique situation; most New Yorkers likely believe that we already have such protections, but that is not the case!

New York does have many anti-discrimination laws, some dating from the 1930s: for example, “the New York Human Rights Law prohibits discrimination on the basis of ‘age, race, creed, color, national origin, sexual orientation, military status, sex, marital status or disability’ in employment, housing, education, credit and access to public accommodations. The New York Reproductive Health Act of 2019 and the Marriage Equality Act of 2011, among other laws, prohibit discrimination and outline various rights” according to the NYS Bar Association. Yet, because these protections are not enshrined in the state constitution, they are subject to judicial, legislative or gubernatorial review — and we’ve seen judges elsewhere criminalize fertility and family planning, and state legislatures and courts deny abortion, contraception access, and health care to women, LGBT+ people and immigrants. Passing a state ERA will prevent such assaults on the civil rights of all New Yorkers.

Proposal One will modernize the state constitution by taking a multi-faceted–or intersectional — approach to protecting multiple groups of citizens. It would fully protect people with disabilities, which is not the case currently. It would fully protect LGBT+ people, in a contemporary landscape where we see state legislatures and courts across the nation passing laws and decisions against gender-affirming care for minors and adults. In New York currently, the NYCRR [NY Codes, Rules and Regulations] (2017) already states the conditions for minors to seek some gender-affirming care without parental consent: “A minor trans patient seeking hormone therapy must 1) meet the criteria for a diagnosis of gender dysphoria; 2) have reached puberty, with a resulting increase in gender dysphoria; 3) have no complicating psychiatric condition; 4) have adequate psychological and social support during treatment; 5) demonstrate understanding of the risks and benefits of hormone therapy and sex reassignment.” (Teenagers, Health Care and the Law: A Guide to Minors’ Rights in New York State, pp. 76-77 [NYCLU, 2018]). The ERA would further protect all LGBT+ people, including minors, by placing protections in the state constitution.

The state Republican Party and affiliated groups including the so-called “Committee to Protect Kids” are widely promoting falsehoods surrounding the proposed amendment. The statement that it would “take away parental rights” with regard to gender-affirming care, for example, is simply not true. Same with the idea that the amendment would “erode girls’ sports” by allowing trans people onto women’s teams or in other public spaces. This is simple fear-mongering and distorts the actual intent of the amendment.

As the Columbia University Law School Center for Gender and Sexuality states: “The New York ERA will not change the existing fundamental rights that parents have to make decisions about the care and upbringing of children. Rather, the New York ERA could bolster existing parental rights by prohibiting discriminatory interference with families and parental decision-making… Finally, the NY ERA’s comprehensive protection of abortion and reproductive rights can and should be understood to include the rights to decide if, when, and how to parent.”

For more information on the amendment: New York League of Women Voters: https://lwvny.org/nys-equal-rights-amendment/ New York State Bar Association: https://nysba.org/why-new-york-needs-an-equal-rights-amendment-now-more-than-ever/

Columbia University Law School Center for Gender & Sexuality explainer on Proposal One: https://gender-sexuality.law.columbia.edu/NY-Proposal-One-2024

Mary Croxton is President of the League of Women Voters of Chautauqua County.