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New York voters face Prop 1 ballot question on enshrining abortion, equality rights
By
Brigid Bergin
Published Oct 22, 2024
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Ed JONES / AFP
By
Brigid Bergin
Published Oct 22, 2024
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This November New York voters will see on the back of their ballots a question that supporters argue will safeguard abortion access across the state.
There's just one problem: "Abortion" appears nowhere in the text of the question.
Proponents refer to Proposition 1, the first of six ballot questions this election cycle, as the New York Equal Rights Amendment. They tout the measure as a much-needed constitutional safeguard to enshrine abortion access and prohibit new classes of discrimination.
At the same time, opponents have seized on vague language in the measure, warning the law would undermine “parents’ rights” and allow transgender kids to participate in girls' sports teams. The nonpartisan New York City Bar Association says those claims are false.
The battle over Prop 1 has largely broken down along partisan lines, with lawmakers and organizations on the left organizing in support of the measure and those on the right against it. In a new Siena College poll released on Tuesday, 69% of voters surveyed said they supported the measure and just 22% said they opposed it.
Those numbers shift dramatically when split by party, with half of Republicans opposing the amendment. Nearly 90% of Democrats support it.
As early voting begins on Saturday, here is what you need to know about Proposition 1 before casting your vote.
What is Proposition 1?
Prop 1 would add new constitutional protections to the state constitution’s equal protection clause, prohibiting discrimination based on “ethnicity, national origin, age, disability and sex — including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, reproductive health care and autonomy.”
The language in the state’s current equal protection clause dates back to 1938 and only includes, “race, color, creed or religion.”
Who supports it?
The constitutional amendment’s lead sponsor was state Sen. Liz Krueger, who led the effort to adopt the measure following the U.S. Supreme Court’s 2022 decision overturning Roe v. Wade. The high court’s ruling in Dobbs v. Jackson removed federal protections for abortion access and left the question to the states.
Democratic lawmakers, including New York Gov. Kathy Hochul and state Attorney General Letitia James, have been drumming up support for the proposition. They've been joined by women’s health organizations like Planned Parenthood, organized labor including New York State United Teachers, and immigrants' rights groups like the New York Immigration Coalition.
Supporters held events across the state over the weekend to rally support for Proposition 1. “It’s critically important that individuals understand that this is about fundamental freedom and basic rights,” James told supporters at a rally in Manhattan on Sunday, saying the amendment was a way to prevent unnecessary deaths like that of Amber Thurman, who took abortion pills, suffered complications and died in a Georgia hospital where doctors delayed her treatment.
On Monday, a coalition called the New Pride Agenda rallied in support of the measure, emphasizing that it could protect LGBTQIA+ New Yorkers from gender-based discrimination.
Who opposes it?
Several Republican lawmakers have spoken out against the ballot question, calling the language too vague.
City Council Minority Leader Joe Borelli on Monday brought a contingent of opponents to the steps of City Hall to rally against the measure. He was joined by Republican councilmembers Vickie Paladino and Joann Ariola, advocates for parents’ rights and girls' sports, and Republican legal advocates.
“The word ‘abortion’ is not even in the language,” said Bobbie Anne Cox, a constitutional lawyer.
What will I see on my ballot?
Voters will see a summary of the proposition on their ballot described as an “Amendment to Protect Against Unequal Treatment.”
“This proposal would protect against unequal treatment based on ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity and pregnancy. It also protects against unequal treatment based on reproductive healthcare and autonomy.”
A “YES” vote puts these protections in the New York State Constitution.
A “NO” vote leaves these protections out of the State Constitution.
The ballot will not include the full language of the proposition. The complete language in the measure can be viewed at the New York State Board of Elections' website. Lawmakers urged the board to make the wording easier to understand in order to conform with the state’s plain-language law. But those efforts were unsuccessful.
Where will I find the ballot questions?
Be sure to turn your ballot over to find the ballot questions. They will be on the back of the ballot, on the opposite side from the candidates.
Jon Campbell contributed reporting.
Tagged
new york city
ballot proposals
abortion
Politics
elections
Brigid Bergin
Brigid Bergin is an award-winning senior reporter on the People and Power desk. She is fiercely committed to telling stories that help people engage and support democracy. In 2022, she hosted a live, ten-week call-in politics show ahead of the midterm elections called The People's Guide to Power. Brigid's reporting in 2017 included some of the first coverage of a political newcomer now known as AOC. In 2016, she broke the news of a voter purge in Brooklyn just days before New York’s presidential primary, triggering city, state and federal investigations. Brigid also guest hosts The Brian Lehrer Show and All Of It. She graduated from the University at Albany and the CUNY Newmark School of Journalism. Got a tip? Email [email protected] or Signal 917-723-4719.
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Gothamist is funded by sponsors and member donations
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