ROCHESTER, N.Y. — Voters in New York State will decide on Nov. 5 if they want to expand the discrimination clause in the state constitution.

Proposition 1, also called the New York Equal Rights Amendment, would explicitly add 11 new topics to the constitution’s anti-discrimination clause. Right now, the constitution says you can’t discriminate against someone for their race, color, creed, or religion. The proposition would add new topics including age, gender, reproductive health care, and pregnancy.

Advocates have been pushing to expand the anti-discrimination clause since 2019, and this 2024 push is a direct response to the overturning of Roe v. Wade.

“Prop 1 is not adding special rights or expanding rights. It’s simply protecting the laws that we already have,” said Sasha Ahuja, campaign director for NY for Equal Rights.

The concern from opponents is that this constitutional change would give legal grounds to push these existing laws further than we’ve seen before. Those against it are worried a broad anti-discrimination clause will open the door for new legal battles, setting new precedents. For example, the language would say you can’t discriminate against anyone for their national origin, which would affect both legal and illegal immigrants who live in New York.

“When you enter this new language, it creates conditions where potentially, somebody could sue the state of New York to say that they have the right to vote, now that the constitution has been changed,” said Joseph Pinion, spokesperson for the NYS GOP.

Disability is also included in the proposition. Disability advocates say this sends a message and would give them the chance to push state law, too.

“The idea that we are affirmed in the constitution may not change anything today, but it does affirm our role and we believe it gives credence to maintaining. At least, it lays the groundwork for an argument that says pulling back on our rights is inappropriate,” said Bruce Darling, founder of the Center for Disability Rights.

The proposition also adds a new section that says nothing in the clause will prevent any state action designed to dismantle discrimination.

“It’s so important to bring this to voters so that if the political winds ever shift in New York State, that our rights are protected,” Ahuja said.

“What we don’t want is to create conditions where we pat ourselves on the back and wake up the next day to realize bad actors in the public space have now been given the tools they need to create burdens on the rest of society,” Pinion said.

If Prop 1 gets passed, the only thing that’s guaranteed is that the constitution reflects laws on the books. But the worry is that this is grounds for new legal precedents and could open the door for people to push existing discrimination laws in court.

You’ll need to flip over the ballot to see Prop 1. Here is the full proposition:

Concurrent Resolution of the Senate and Assembly proposing an amendment to section 11 of article 1 of the constitution, in relation to equal protection

Section 1. Resolved (if the Assembly concur), That section 11 of article 1 of the constitution be amended to read as follows:

§ 11. 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.

§ 2. Resolved (if the Assembly concur), That the foregoing amendment be submitted to the people for approval at the general election to be held in the year 2024 in accordance with the provisions of the election law.

Explanation – Matter in underscored is new; matter in brackets [ ] is old law to be omitted.

A “YES” vote puts these protections in the New York State Constitution. A “NO” vote leaves these protections out of the State Constitution.

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