What is Proposition 1?
This is how Proposition 1 will look on your ballot:
“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 question’s language: How did we get here?
Supporters of the amendment aren’t happy with the question voters are being asked to answer — and that it doesn’t use the word “abortion.”
The state Board of Elections decides ballot language, and as of last November, they’re required to write measures in “plain language:” specifically, as close to an eighth grade reading level as possible. After the BOE released ballot language for Proposition 1 in July, there was an outcry from supporters who found it confusing.
Two New Yorkers filed a lawsuit against the BOE alleging it wasn’t complying with the plain language law if it didn’t add the words “abortion” and “LGBT” to the ballot language. State Sen. Liz Krueger (D-Manhattan), one of the main architects of the amendment, and other members of the legislature urged the BOE to change the language, as did state Attorney General Letitia James.
Why amend the state constitution?
To pass a law in New York, it must be approved by the state legislature and then signed by the governor.
But to amend the constitution, the legislature must pass the law twice — which Albany lawmakers did for Proposition 1 in July 2022 and January 2023 — and then get it approved in a referendum. That’s where voters come in this November.
An amendment is a lot harder to pass — and to overturn. Supporters of Proposition 1 say that degree of permanence is necessary when it comes to abortion and other protections.
What does it mean?
The New York State constitution already protects people from discrimination on the basis of “race, color, creed or religion.” This ballot measure would add ethnicity, national origin, age, disability and sex to the list. The new amendment also makes explicit that pregnancy outcomes, sexual orientation, gender identity, and reproductive autonomy are part of sex as a protected class.
Who’s for Proposition 1?
New Yorkers for Equal Rights, which describes itself as a “coalition of more than 500 civil and reproductive rights organizations advocating for passage of Proposal 1,” includes the American Civil Liberties Union, the NYCLU, Planned Parenthood Action Fund, National Institute for Reproductive Health Action, and some teachers’ and healthcare workers’ unions.
Who’s against Proposition 1?
The primary committee fundraising in opposition to Proposition 1, Coalition to Protect Kids NY, doesn’t mention abortion in their messaging at all. Instead, they’ve focused on transgender kids and teens — and the rights of parents.
The part of Proposition 1 you won’t see on your ballot
The actual amendment to the constitution has two parts. The first adds the categories mentioned above — like ethnicity, age, and gender identity — to the list of protected classes. The second adds language to attempt to ensure that none of these new protections will infringe on any current ones.
Following the money: Who’s spending on Proposition 1?
The campaign in favor of Proposition 1 has raised significantly more money than the campaign against.
Conclusion
As voters head to the polls, it’s crucial to understand the intricacies of Proposition 1. While the ballot question may not explicitly mention abortion, the amendment aims to protect against discrimination based on ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity, and pregnancy. The amendment also seeks to ensure that none of these new protections will infringe on any current ones.
Frequently Asked Questions (FAQs)
What is the purpose of Proposition 1?
Proposition 1 aims to add new categories to the list of protected classes in the New York State constitution, including ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity, and pregnancy.Why is the ballot question phrased the way it is?
The state Board of Elections decides ballot language, and as of last November, they’re required to write measures in “plain language:” specifically, as close to an eighth grade reading level as possible.
What does the second part of the amendment do?
The second part of the amendment adds language to attempt to ensure that none of the new protections will infringe on any current ones.
Who is supporting Proposition 1?
New Yorkers for Equal Rights, which describes itself as a “coalition of more than 500 civil and reproductive rights organizations advocating for passage of Proposal 1,” includes several prominent organizations, including the American Civil Liberties Union, Planned Parenthood Action Fund, and some teachers’ and healthcare workers’ unions.
Who is opposing Proposition 1?
The primary committee fundraising in opposition to Proposition 1, Coalition to Protect Kids NY, doesn’t mention abortion in their messaging at all. Instead, they’ve focused on transgender kids and teens — and the rights of parents.
…and so on.
