Buffalo News from WKBW WHNY

November 7, 2024

Updated: November 7, 2024

ALBANY, N.Y. (AP) — ⁢A‍ significant milestone has been achieved ‍in New ⁣York as voters have given the green light to‍ an amendment to the state’s constitution. This amendment‍ prohibits⁣ discrimination based on factors such as “gender identity” and “pregnancy outcomes.” Advocates of the ‌amendment argue that it will‍ bolster the protection of transgender and ⁣abortion rights.

WATCH: Residents⁤ of Western New York express their thoughts on‍ Prop 1 before the election.

Understanding New‍ York’s Prop 1: What you need to know⁤ before casting your ⁢vote

The Equal Rights Amendment, also known as Proposition 1, has sparked intense debate among supporters and opponents ‌regarding its⁤ potential legal implications. Conservatives have vehemently opposed the‌ amendment, arguing that it would legally allow transgender athletes to participate in girls’ sports teams.

The amendment⁣ introduces new language to the ⁣state constitution, stating that no individual can be denied civil rights due to their national origin, age, disability,‍ sexual‌ orientation, gender identity, ‍gender expression, pregnancy, pregnancy outcomes, or “reproductive healthcare and autonomy.” ⁢Prior to this, the constitution only prohibited discrimination based on race, creed, or religion.

Democratic leaders strategically placed the amendment on⁤ the ballot to potentially increase voter turnout among those fervently advocating for the protection of abortion ‌access. This move was made during⁣ an election year when the control of Congress could be determined by U.S. House races ⁣in New ⁢York.

However, the language used in the amendment ‍by the Democrats⁤ led to confusion and sparked one of the ‍most unusual political battles of the year.

Unlike other states that⁢ directly addressed the legality of terminating a pregnancy in their ballot questions,‌ New York lawmakers ⁤opted for⁣ an indirect approach. They proposed their amendment‍ as an antidiscrimination measure.

Their intention was to ⁣establish a legal framework where any restrictions on abortion would be considered an unconstitutional‍ form⁤ of‌ discrimination in medical care. ‍This interpretation has been supported by the New York City⁣ Bar Association and‌ several legal experts.

“This vote is a powerful rebuttal of the regressive national movement aiming to undermine our ⁢hard-earned freedoms that has gained traction in ‌other⁤ states. New Yorkers ⁤have emphatically ‌said ‘absolutely not, not here’ to abortion bans and attacks on immigrants and ⁤trans people,” stated Donna Lieberman, the Executive Director of the New York Civil Liberties Union, ⁤following the passage⁢ of the amendment.

However, the amendment’s avoidance of the term ‘abortion’⁣ caused difficulties‍ for its advocates and provided opponents with an ⁢opportunity to‌ argue that its other antidiscrimination measures could lead ‍to ⁤a host of ⁢unintended‍ consequences.

Opponents contended that the amendment’s‍ protection ⁢of “gender⁤ expression” would establish a constitutional right for transgender athletes to participate‍ in ⁣girls’ sports teams.

They also argued that prohibiting discrimination based on national origin could potentially allow noncitizens to vote, and that banning age discrimination might eliminate price discounts for senior citizens. Some groups even suggested ⁣that it could prevent parents from having a say‌ in their child’s medical care.

Previous state court rulings have determined that the existing language in the‍ state⁢ constitution prevents noncitizens from voting. The ‍New‍ York City Bar Association also stated that the amendment would not interfere with existing state laws that require parental consent for a child’s medical care.

Legal disputes are currently ongoing in New York regarding whether⁣ existing state and federal laws ⁣grant transgender individuals the right to participate in sports teams that align with their gender identity.

After‌ the U.S.‍ Supreme‍ Court overturned Roe v. Wade, Democrats in the state legislature decided to place the amendment ⁢on the 2024 ballot. In previous elections, voters have demonstrated their support for abortion access. A recent poll conducted by the Associated Press-NORC Center ⁣for Public Affairs Research found that 7 out of‌ 10 ⁣Americans believe abortion should be legal⁤ in ⁤all⁢ or most cases.

However, the uncertainty surrounding ‍the impact ⁤of the New York amendment on abortion ⁤was significant enough ‌to cause⁤ the state Board of Elections to throw in the towel. The board is responsible for providing simple explanations of‌ proposed amendments that voters will see on their ballots. Instead of interpreting the measure or including the term ‘abortion’ in its description, the board chose ‌to simply restate⁢ the amendment’s language.

Although supporters of the amendment objected, a judge refused to order the ⁢board ‌to rewrite its description. This was partly because ‍he could⁢ not⁣ definitively predict how courts would interpret the amendment’s language in ⁢relation⁤ to abortion.

Currently, abortion is ⁢legal‍ in⁣ New York up to the 24th week of ⁣pregnancy. After this period, it is only ‌legal‍ if⁢ the‌ life, physical health, or mental health of the pregnant individual is⁤ at risk, or if‌ a medical provider determines that the fetus ⁤is not viable. The⁢ term ‘viability’ is used by healthcare providers to indicate whether a pregnancy is expected to ‌develop normally ‌or whether ⁤a fetus might survive outside the uterus.‍ Democrats have a firm grip on the state government in New York, making ⁣any new ‍abortion restrictions unlikely in the near future.

However, if a future legislature were to attempt to ‌limit abortion access ⁣or, for instance, pass a law ⁢prohibiting gender-affirming medical‌ care for minors, that’s where the amendment’s supporters believe it would have its ‍most ‌significant impact. Unlike a state law, which can be repealed by a legislature, an amendment must be‌ passed by lawmakers twice and then go to voters for final approval.

Alejandro Mendoza

Alejandro Mendoza is a dedicated journalist, known for his in-depth research and commitment to truth. A graduate of Columbia University's School of Journalism, he specializes in revealing and reporting on significant local issues.