politics

NY Prop 1, so-called ‘Equal Rights Amendment,' passes as state constitutional amendment

Here's what Proposal 1 states, plus what supporters and opponents say about it

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While there were perhaps more noteworthy or highly publicized races being determined on Election Day, there was one item New Yorkers may not have been as familiar with on the backside of their ballot.

There were six measures being voted on in New York, the first of which was Proposal 1, a proposed constitutional amendment that has been dubbed the "Equal Rights Amendment."

It became better known as Prop 1, and it passed on Tuesday. So what does it state? Here's a breakdown.

What is New York's Proposal 1?

Here is the language of Proposal 1, which represents a change to section 11 of article 1 of the state's constitution, according to the state Board of Elections (BOE) website:


  1. a. 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 [his or her] 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.
    b. 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.


So how is that different from what is currently stated?

In effect, the state's current constitution protects against "unequal treatment based on race, color, creed, and religion," the BOE website states. Under the new proposal, the BOE says the constitution would also protect against unequal treatment based on "ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, and pregnancy outcomes, as well as reproductive healthcare and autonomy."

Who was against/for Proposal 1?

Much of the debate around the proposition centers around protecting abortion rights, though the word "abortion" is not mentioned anywhere on the ballot. And critics had said there is something else in Prop 1 that had them up in arms.

Sasha Ahuja, who directs a coalition of organizations urging New Yorkers to vote yes, said Proposal 1 adds abortion protections to the state constitution and closes loopholes to ensure no one can face discrimination. Before Election Day, he said that 71% of New Yorkers supported the proposal.

Gov. Kathy Hochul voiced support in a Daily News Op-Ed piece in October, saying, "It’s a vote to ensure women not politicians like myself have the power to make decisions about their own bodies."

Meanwhile, former GOP gubernatorial candidate Lee Zeldin joined a coalition urging a "No" vote, saying it covers "all sorts of other things having nothing to do with abortion." He and other critics had said the proposition's language is vague and opens the door to constitutional changes that could impact schools, voting rights and families.

"It may sound wonderful to protect against unequal treatment of these classes, however it’s the exact opposite," Liza Azzarelli, of the "Save Our Schools" group on Long Island, told NBC New York in October.

"They’re looking to pass this because they want to disrupt the family dynamic," said State Assemblyman Michael Fitzpatrick, who represents Suffolk County.

But Ahuja denied those claims, saying those opposing the measure were "attempting to divide and distract New Yorkers."

When do polls close on Election Day?

Election Day is Tuesday, Nov. 5. Polls opened at 6 a.m. and closed at 9 p.m., though anyone in line waiting to vote at that time would still be allowed to cast a ballot.

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