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Proposition 1 dividing voters along party lines; but what does the constitutional Amendment actually say?

Ballot proposition taking center stage in St. Lawrence County election

Posted 10/15/24

A controversial measure on the New York State ballot this year would amend the constitution to expand existing equal protection of laws.

Specifically the proposition would amend the state …

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Proposition 1 dividing voters along party lines; but what does the constitutional Amendment actually say?

Ballot proposition taking center stage in St. Lawrence County election

Posted

A controversial measure on the New York State ballot this year would amend the constitution to expand existing equal protection of laws.

Specifically the proposition would amend the state constitution to read: 

"No person shall be denied the equal protection of the laws of this state or any subdivision thereof.

"a. No person shall, because of race, color, [ethnicity, national origin, age, disability,] creed, 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.]

"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."

While section b. would be entirely new, the changes of the section  “a” are in brackets.

Proponents of the measure say the proposal would strengthen and codify protections of a number of rights, especially, but not limited to a woman's right to have an abortion.

And though it's been dismissed as "fear mongering" by Democrats, Republican opponents of the amendment believe it could limit parental rights by including age as a protected class. They say it would open the doors for children to make their own healthcare decisions.

Concerns have also been raised that it would impact issues regarding high school sports teams specifically that it would impact whether transgender girls play on high school girls sports teams.

Along party lines

Gov. Kathy Hochul is one of the strongest proponents of the measure. She has championed what is commonly referred to as the 'equal rights' amendment.

"New Yorkers deserve the freedom to control their own lives and healthcare decisions, including the right to abortion regardless of who’s in office," she said of the measure.

Among those actively speaking against the measure include former District 1 U.S. Rep Lee Zelden, who gave Hochul a close race in 2022. Zeldin lost to Hochul, 53.2% to 46.8%

"There has been no greater attack on women’s rights and girls’ rights in the State of New York throughout any of our lifetimes than Proposition 1 in November," he said at a rally earlier this year.

Proposition 1 has voters largely divided along party lines and while both sides have opinions about what the amendment will and will not accomplish, the true impact won’t be known unless it is passed and tested in the courts.

SLC Republicans take

An advertisement paid for by the St. Lawrence County Republican Committee says the proposal is “falsely labeled as an equal rights Amendment.”

The ad says the proposal will “remove parents rights from decisions involving their minor children.” It also says it will “allow boys in girls sports” and allow the government to grant taxpayer benefits to non citizens and “give legal rights to illegal immigrants.”

The Republican Committee says voting no on the measure will “protect women’s and girls sports,” keep biological men out of women’s locker rooms” and “support parental rights.”

The ad also directs viewers to the state GOP site which details the position.

Prop 1’s irresponsibly drafted language creates “new” constitutional rights likely resulting in removal of parental consent from health decisions impacting their children. Prop 1 adds “gender identity” and “gender expression” and covers all persons including minors. These new constitutional “rights” will grant minor children the right to transgender and other types of medical interventions – all without parental notification/consent. Parents will remain financially and legally responsible for managing emotional and physical results impacting their minor children” the website says.

“Prop 1 will force schools to include biological males on female sports teams, jeopardizing the fairness of athletic competitions. It will compel shared locker rooms and bathrooms and make it nearly impossible to reverse 2024 NYS Department of Education regulations allowing boys on girls’ sports teams based on their chosen gender. These regs also allow boys -- regardless of chosen gender -- to play on girls’ teams if the school does not offer a boys’ team in a selected sport,” the website says.

They also say that by creating “national origin” as a new protected class, “Prop 1 creates a constitutional basis for taxpayer benefits to support non-citizens and illegal migrants. New York City authorized voting rights for non-citizens and Prop 1 would provide more legal support for this effort.”

SLC Dems take

A recent letter to the editor submitted by St. Lawrence County Democratic Committee Chair Michael Zagrobelny and Vice-Chair Ginger Storey-Welch fired back on the concerns raised by opponents of the measure.

“Proposal 1 “Amendment to Protect Against Unequal Treatment” on the back of our November ballots simply seeks to extend constitutional equal rights from the current race and religion to include all of us regardless of “ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity, pregnancy, as well as reproductive healthcare and autonomy,” exact ballot language.  

“Notice there’s nothing about the elimination of parental rights to their children’s medical care? Specifically, no regular medical care, gender-affirming or otherwise, can happen now without parental permission nor does the passage of Prop. 1 change that.  

“Notice there’s nothing about supporting any kind of illegal activity? It is entirely possible to hold someone legally accountable and be nondiscriminatory simultaneously. Specifically, protecting against discrimination based on a person’s national origin, such as Melania Trump’s, does not preclude addressing illegal border crossings.

“What the amendment does do is extend constitutional equal rights to virtually every single New Yorker, including the writers and the reader here,” he wrote.

“They say the amendment will provide safeguards for New Yorkers abortion and reproductive rights. 

“Abortion is often seen as “safe” in New York, yet there have been 53 anti-reproductive rights bills presented (but not passed) in New York in the last decade. NY law currently legalizes abortion, and all it takes is one bill passing into law for abortion to become illegal here. Protecting reproductive rights in our NY Constitution prevents that from happening; overturning a law is much easier than overturning a constitutional amendment.”

Voting details

Regardless of your stance on the measure, those looking to have a say on its passage will need to vote and flip to the backside of their ballots.

The General Election will take place Tuesday Nov.  5 from 6 a.m. to 9 p.m.

Find out where you vote at Where do I Vote?

Those wishing to vote early can do so from Oct. 26 Nov.  3 at Clarkson Facilities Building, 42 Maple St Potsdam, NY 13676 (Clarkson Building, Former Honda Dealership) or at the Ogdensburg Dobisky Center 100 Riverside Ave, Ogdensburg, NY 13669 (Dobisky Center)

Early voting is available from 9 a.m. to 5 p.m. In addition polls will be open until 9 p.m. on Oct. 28 and Oct. 30.