New York voters passed Proposition 1 on Tuesday, enshrining abortion rights by adding anti-discrimination language to the state constitution.
The measure is New York’s response to the U.S. Supreme Court’s 2022 decision overturning Roe v. Wade, which protected reproductive rights at the federal level. While abortion is already legal in New York, the amendment makes it harder to restrict it in the future.
Dubbed the Equal Rights Amendment by supporters, the measure expands the groups covered by the Equal Protection Clause of the state constitution to include “ethnicity, national origin, age, disability and sex — including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, reproductive health care and autonomy.”
Previously, the clause only barred discrimination on the basis of “race, color, creed or religion.”
Although abortion rights are widely popular in New York, Proposition 1 faced a hard fight on the campaign trail. Opponents led by Republicans seized on some of the other protected identities — including national origin and gender identity — to argue that it would allow people who are not U.S. citizens to vote or let transgender kids play on the sports teams that align with their gender identity.
The New York Bar Association has clarified that the amendment will not alter regulations related to voting, sports and existing laws.
For Democrats, the amendment’s passage was a relief. The party had tied its reputation and resources to the ballot measure, anticipating that passage would signal support for a key Democratic priority. But as several observers pointed out, some voters may not have been clear on the question they were being asked – the word “abortion” didn’t appear on the ballot.
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