WEBSTER, N.Y. – Drive around our region and you’ll see a lot of signs both in support of and opposed to Proposition 1.  Opponents have set up huge signs that say, “Save Girl’s Sports, Vote NO to Prop 1”. Many of you have been wondering what the specific details of the proposition are and why it has become so controversial. 

The New York State Constitution currently protects against unequal treatment based on race, color, creed, and religion.  Proposition 1 seeks to expand the state’s Equal Rights Amendment by adding ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, and pregnancy outcomes, as well as reproductive health care and autonomy.

Advocates have been pushing to expand the anti-discrimination clause since 2019, and say 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,” says Sasha Ahuja, campaign director for NY for Equal Rights. Gov. Kathy Hochul says the measure is a simple way to codify New Yorkers’ right to reproductive care. 

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.  “I’ve seen a lot of crazy stuff in my 5 years in Albany, but this takes the cake, we absolutely have to stop this,” says Sen. George Borello, a Republican who represents the Batavia area.

“This is not about abortion, this is about something far more insidious, far more insidious and New Yorkers have to know that,” says Sen. Rob Ortt, the Republican Minority leader. 

He says this change in the constitution could open up legal arguments about a parent’s right to be involved in their child’s medical decisions, allow non-citizens to vote and give transgender athletes the constitutional right to compete in girls’ sports. 

Olivia Bell, a bowler at SUNY Erie, is voting No to Proposition 1.

“It’s incredibly disappointing that this insane ideology is even being considered for the NYS constitution at the end of the day, it would make women’s sports obsolete just to appease the woke ideology being pushed in this new world that we live in,” she says. 

New York State law already has protections in place for trans students who play sports. So, those who support Proposition 1 say the outrage is not warranted.

“Alright, let’s face it. The trans community is .06% of the population – we’re talking very few children – and I challenge anyone out there, how many trans children do you know? It really is misinformation and fear-mongering,” says Bess Watts, president of Pride at Work, AFL-CIO.

If passed, Proposition 1 would take protections that already exist and add them to the state constitution.  That means they could not be reversed by lawmakers in a single session of the legislature. An amendment would require approval in two successive legislative sessions and passage by a public referendum. 

The president of the Rochester League of Women Voters supports Prop 1 saying it was similar equal rights legislation that ultimately created girls sports decades ago.

“If they’re trying to scare you to go against putting a sex discrimination clause in our constitution, they’re totally ahistorical to say that you’re going to protect girls rights by allowing sex discrimination,” Barbara Grosh tells News10NBC. “It hasn’t been widely publicized. I keep running into big crowds of people and almost no one has heard about it so, if the only thing they see is a sign about girls sports, – ‘I support girls sports’ – you know, they could be misled,” she adds. 

Sen. Ortt doesn’t think it’s a matter of being misled. “I think there’s people who are afraid to be critical of it for fear of being called a bigot,” he says. 

Both supporters and opponents of Proposition 1 agree on one thing. They want people to do their homework about the proposal and remember to flip over their ballot to actually vote on it when the time comes. 

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