When filling out your ballot, be sure to flip it over and answer the one question on the backside. Proposition One aims to broaden the scope of whose rights are protected in New York state. Right now, a simple Google search on Prop One conjures up a few misleading descriptions. So, WAER sat down with Syracuse University Constitutional and Political Law professor Thomas Keck for some straightforward answers.
Currently, the U.S. and State Constitutions protect New Yorkers from discrimination based on our race, color, creed or religion. But neither version protects citizens if discriminated against for simply being a woman.
Proposition One, Keck said, “would add sex and gender to the non-discrimination provisions of New York's constitution,” and he explained how it would expand protections beyond a person’s biological sex, “to include orientation, gender identity and gender expression. So not only does it guarantee against old fashioned male- discrimination against women, but also discrimination against LGBT persons.”
The proposition’s authors call it New York’s Equal Rights Amendment, which has rankled New York City Hall conservatives who’ve hired constitutional lawyer Bobby Ann Cox to argue against its passage.
“That language does not appear on your ballot,” she insisted while referring to proponents’ use of the words equal rights amendment interchangeably for the proposition’s title. “That language does not appear in the language that will go into our Constitution if it passes, it is not an equal rights amendment.”
Neither does the word “abortion” appear in the proposition’s amended language. That fact has not stopped proponents from highlighting it as part of the proposition’s goal in protecting women’s reproductive rights. Meanwhile conservatives have weaponized the word against passing Prop One.
In either case, Keck dismissed those arguments by pointing out that reproductive rights already fall within New York’s state law. If, however, voters passed Prop One, that would codify gender protections.
“Which entrenches it, makes it harder to take away,” Keck explained how if interpreted as written, the law “should treat men and women equally, whatever gender you identify with, whether it's male, female, non-binary.”
If it becomes part of the state constitution, Keck says Prop One would only be enforceable over government entities that discriminate, but that would have a far-reaching impact.
“Everybody interacts with the government in various ways,” he reminded, ticking off a few government related routines many people face daily. “Do you have kids who go to public school? Are you applying for government benefits?”
Wherever you stand on Prop One, Keck urged voters do their homework and look for it on the flip side of the November 5th ballot.
You can learn more about what’s on the ballot by clicking here for the WAER Election Connection page.