NY Court of Appeals Rules Proposition 1-Equal Rights Amendment -Will be on the Ballot November 5

By Dan Murphy

New York State Court of Appeals has permitted Proposition One, also known as the Equal Rights Amendment, to appear on the ballot on Nov. 5. The Court of Appeals dismissed the appeal of a ruling by the NYS Appellate Division which allowed the ERA to be on the ballot.

Proposal 1, the NY Equal Rights Amendment, reads:

No person shall be denied the equal protection of the laws of this state or any subdivision thereof. No person shall, because of race, color, ethnicity, national origin, age, disability creed, or religion, or sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy, be subjected to any discrimination 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.

Nothing in this section shall invalidate or prevent the adoption of any law, regulation, program, or practice that is designed to prevent or dismantle discrimination on the basis of a characteristic listed in this section, nor shall any characteristic listed in this section be interpreted to interfere with, limit, or deny the civil rights of any person based upon any other characteristic identified in this section.

The Proposal has supports and detractors organizing to support its passage and rejection.

Sasha Ahuja, Campaign Director for New Yorkers for Equal Rights, said, “In a victory for all New Yorkers, today’s decision from the State’s highest court confirms Prop 1 will be on the ballot in November. On Election Day, all New Yorkers can and should vote to protect our rights and reproductive freedoms, including abortion — permanently.”

“The anti-abortion minority’s cynical attempt to block this popular amendment from appearing on our ballots has once again been rejected, as expected. However, these anti-abortion operatives will not be deterred from seeking other methods to undermine our rights. From the overturning of Roe v. Wade, to abortion bans passing state houses across the country, anti-abortion extremists are restricting our rights and reproductive freedoms.

“Now more than ever, we need to make sure our fundamental rights and reproductive freedoms — including abortion — are protected from changing political tides. Our campaign will be meeting voters where they are across the state and making sure they vote YES on Prop 1 this November.”

The nonpartisan Coalition to Protect Kids, said, “We are disappointed, but not surprised, that the controversial ‘Equal Rights Amendment’ initiative will, indeed, appear on the November ballot as Prop One.

“Proposition One is a dangerously worded proposal that could establish the permanent right of biological males to compete on girls and womens sports teams, threatening athletic scholarships for young women and taking away precious playing time. Sixty-six percent (66%) of New Yorkers recently surveyed by the Siena College Research Institute said they oppose biological males competing on girls and womens sports teams in New York State.

“Prop One could also prevent parents from knowing, or having a say, if a child is transitioning genders in school, at a time when European nations and many U.S. States are banning underage transgender surgeries because of the harm they have caused  young people. The carelessly worded ballot issue that would amend New York’s Constitution also includes language surrounding age that could threaten sensible age restrictions for young people — laws on smoking for example — and senior housing facilities that require residents to be 55 or older.

“Our strictly nonpartisan coalition is fully supportive of the LGBTQ+ community. That includes protecting young people from making permanent, and potentially tragic, life decisions without the input of their guardians.” – Ayesha Kreutz, spokeswoman, Coalition to Protect Kids-NY

Democrats are hoping that Prop 1 will increase democratic turnout in the fall elections, advocating that will protect abortion rights in NY State.