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2024 New York Proposal 1

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2024 New York Proposal 1
November 5, 2024 (2024-11-5)
Amendment to Protect Against Unequal Treatment
Results
Choice
 Votes %
Yes 4,757,386 62.47%
No 2,857,809 37.53%
Valid votes 7,615,195 91.22%
Invalid or blank votes 733,370 8.78%
Total votes 8,348,565 100.00%
Registered voters/turnout 12,426,602 67.18%
Source: New York State Board of Elections[1][2]

New York Proposal 1 was a 2024 ballot proposal for a legislatively referred constitutional amendment to the New York Constitution called the Amendment to Protect Against Unequal Treatment, and informally known as the Equal Rights Amendment. It includes several rights in the New York State Constitution's Equal Protection Clause, with its chief purpose to preserve the right to abortion. It also adds a prohibition of discrimination on attributes such as ethnicity, age, sexual orientation, gender identity, disability, or reproductive autonomy.

The amendment was approved in consecutive legislating sessions in 2022 and 2023. While the text of the amendment was determined by the legislature, the wording of the ballot proposal about the amendment went through several changes and legal challenges before the Board of Elections' draft was replaced by an Albany County Judge. In the leadup to the election, the proposal was the subject of misinformation, with false claims that it would facilitate voting by undocumented immigrants or enable children to receive gender-affirming care without parental involvement.

The proposal was approved by voters in a referendum on November 5, 2024, with 56.99% in support, 34.23% opposed, and 8.78% of votes blank. It took effect on January 1, 2025.

Content

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The amendment, also known as the Equal Rights Amendment,[3] expands the Constitution of New York's Equal Protection Clause, which is limited to protecting people from denial of rights on the basis of "race, color, creed, or religion".[4][5] The full text of the proposal is:[6]

Adds anti-discrimination provisions to State Constitution. Covers ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity and pregnancy. Also covers reproductive health care and autonomy.

It modified section 11 of article 1 of the state constitution this way (removals struck, additions underlined):[7]

§ 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 health care 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.

Effects

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The amendment expands the state constitution's protections against discrimination, including ethnicity, national origin, age, disability, sex (including sexual orientation, gender identity, and gender expression), pregnancy and pregnancy related outcomes, and reproductive healthcare and autonomy.[8] By including protections related to pregnancy outcomes and reproductive healthcare, the amendment enshrines the right to abortion and other reproductive services into the state constitution. This constitutional protection makes it more challenging for future legislatures to enact laws that would restrict access to these services.[9] The explicit inclusion of sexual orientation, gender identity, and gender expression strengthens legal protections for LGBTQ+ individuals. This change is intended to prevent discrimination in areas such as employment, housing, and public accommodations.[10]

History

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In January 2017, New York Governor Andrew Cuomo called for the right to abortion to be enshrined into the New York Constitution.[11] In 2019, Cuomo again called for a conditional amendment to protect abortion rights in the state at an event with Hillary Clinton at Barnard College, after the Democratic Party took back control of the New York State Senate in the 2018 election, and shortly before the passage of the Reproductive Health Act.[12][13]

To amend the constitution in New York, the state legislature must pass the amendment twice in separate legislative sessions. Only at that point do citizens vote on its approval.[14][15] On July 1, 2022, shortly after the overturning of Roe v. Wade, the New York Senate passed the resolution in favor of the amendment by a vote of 49–14, then the New York Assembly also adopted it by a vote of 98–43.[16] On January 24, 2023, in the following legislative session, the New York Senate again passed it by a vote of 43-20 and the New York Assembly again passed it by a vote of 97–46, therefore allowing the referendum to take place.[5]

On May 7, 2024, Livingston County Supreme Court justice Daniel J. Doyle ruled that the referendum cannot take place, since the New York Attorney General issued an opinion of the proposed amendment after lawmakers voted on it, rather than before.[17] New York Governor Kathy Hochul stated that the referendum will still take place in November 2024.[17] On June 18, 2024, the New York State Appellate Court put the referendum back on the ballot.[18]

Proposal wording changes

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In 2023, when the amendment had already been passed, state legislature passed a law to require ballot questions to be written at an eighth-grade reading level.[19][20] When the bipartisan State Board of Elections (BOE) set out to develop the wording, they could not come to an agreement. The Democrats, who wanted to make sure to meet the deadline, agreed to the wording Republicans proposed, written at a college reading level and omitting the terms "abortion" and "LGBT".[3][21][19] Board commissioners admitted at the time that it probably violated the "plain language" law. The attorney general's office proposed a new version, and when the BOE was subsequently sued by voters,[22] they sought to require the board to adopt the attorney general's language.[21][19]

The attorney general's proposed language was:[21]

Protects against unequal treatment by New York and local governments no matter your sex, age, disability status, ethnicity, or national origin. Protects LGBT and pregnant people. Protects abortion.

When ruling on the case, Albany County Judge David Weinstein simply decided to implement his own version of the proposal, against the wishes of either side's lawyers and bypassing the BOE.[3] Absent an appeal, that is the version which appears on the ballot.[19]

Analysis

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New York already has several anti-discrimination laws, and the amendment does not create any new rights. By proposing to add rights to the State Constitution, rather than existing only in laws that can be overturned by legislators, it aims to make those rights more difficult to take away if the balance of power in state government were to change.[23][19][13] According to Cornell University constitutional law professor Michael C. Dorf, the amendment would protect the right to abortion in the state of New York by ensuring that prohibiting abortion would be an unconstitutional form of health-care discrimination because they would be "singling out one form of reproductive health care, and not other kinds of health care".[24] While several parties have been critical of the final draft excluding the word "abortion" in its text, other advocates argue doing so helps to preserve rights of woman for all pregnancy outcomes, as well as for in vitro fertilization and contraception.[25][26]

According to The New York Times, the debate over Proposal 1 "has been rife with misinformation".[27] Regarding gender, the proposal does not affect parental rights or parents' role in their children's health-care decisions, such as gender-affirming care.[23][13] It also does not affect the law regarding participation in sports; transgender women have been permitted to participate in women's sports in New York since 2019.[25] On the subject of immigration, the proposal does not affect existing immigration laws, and does not change state requirements to vote, contrary to false claims that the proposal would make it easier for undocumented immigrants to vote.[27][28] Hell Gate NYC said many of the arguments against the proposal were "lies, plain and simple", highlighting a quote by Elise Stefanik which included several of them: "Proposition 1 would give our hard earned NY taxpayer dollars to illegals, fund sex change operations for minors without parental consent, and force schools to allow men and boys in women and girls sports and bathrooms".[19]

Support and opposition

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The amendment was supported by a number of Democratic politicians in the state, including Governor Kathy Hochul, U.S. Sen. Kirsten Gillibrand, and House Minority Leader Hakeem Jeffries. It was supported by the NAACP, the New York Civil Liberties Union, and Planned Parenthood. Supporters argued that the amendment would help protect reproductive rights, and would help reduce discrimination in the state.[29] A campaign in support of the amendment, titled "New Yorkers for Equal Rights", was launched in June 2023.[30][13] Jeffries and Hochul pledged to raise over $20 million for the campaign, but did not reach that amount and New Yorkers for Equal Rights was criticized for using most of its money to pay for consultants.[31][32]

The New York Republican State Committee and the New York Catholic Conference opposed the amendment. Republican state senator George Borrello and state assemblyman Christopher Tague spoke out against it on religious grounds.[33][34][23] Former congressman Lee Zeldin campaigned against the bill, falsely calling it an "attack on women's rights and girls' rights".[13] With the majority of New Yorkers in favor of protecting abortion rights, many opponents focused on transgender issues, suggesting that including age among anti-discrimination provisions would give children the same power as parents. The Coalition to Protect Kids, which was primarily funded by an anti-abortion activist, formed to defeat the proposal; the Coalition referred to Proposal 1 as the "Parent Replacement Act".[13] A small number of wealthy donors provided millions to campaigns opposing the proposal.[31] Shortly before election day, Richard Uihlein gave $6.5 million to a political action committee (PAC), Vote No on Prop 1, to oppose the amendment. The PAC-funded advertisements falsely claiming the amendment would give undocumented immigrants the right to vote.[31][27][28]

The wording of the proposal received criticism from multiple perspectives. An opinion piece in the National Review called the language "vague and all-encompassing", arguing that it provided too much latitude to future progressive litigants.[35] Hell Gate NYC called the language "a bland gruel of obfuscation", blaming Republicans for producing language which fails New York's "plain language" law and subsequently led to the version installed by Weinstein.[19]

Opinion polls

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Poll source Date(s)
administered 		Sample
size[a] 		Margin
of error 		For Against Don't know/refused/won't vote
Siena College Research Institute[36] October 13–17, 2024 872 (LV) ± 4.1% 69% 22% 9%
Siena College Research Institute[37] September 11–16, 2024 1,003 (LV) ± 4.3% 64% 23% 13%
Siena College Research Institute[38] July 12–13 & 16–17, 2024 805 (RV) ± 4.1% 59% 27% 15%
Siena College Research Institute[39] May 13–15, 2024 1,191 (RV) ± 3.9% 59% 26% 15%
  1. ^ Key: A – all adults; RV – registered voters; LV – likely voters; V – unclear

Results

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On November 5, 2024, at 9:00 PM ET, polls in New York closed. On the same night, at 9:31 PM PT, the Associated Press projected the passage of Proposal 1.[40] According to the certified results from the New York Board of Elections, the proposal passed with 62.47% in support and 37.53% opposed. 732,834 voters left their ballot blank and 21,569 votes were invalidated.[1] According to The New York Times, although the proposal faced right-wing opposition, it succeeded in several counties where voters otherwise voted for Donald Trump, the Republican presidential candidate.[41] The constitution was amended on January 1, 2025.[42]

Results by county
County[43] Yes Yes % No No % Blank Invalid votes Valid votes
Albany 92,489 64.38% 51,167 35.62% 7,175 41 143,656
Allegany 6,789 35.73% 12,210 64.27% 670 0 18,999
Bronx 266,970 83.31% 53,487 16.69% 46,072 817 320,457
Broome 48,041 56.47% 37,073 43.53% 6,455 38 85,076
Cattaraugus 12,920 40.56% 18,944 59.44% 2,605 10 31,854
Cayuga 17,489 49.46% 17,873 50.54% 1,378 5 35,357
Chautauqua 24,156 43.85% 30,922 56.15% 2,317 15 55,093
Chemung 18,648 52.26% 17,039 47.74% 2,229 8 35,685
Chenango 8,789 43.52% 11,417 56.48% 2,523 10 20,196
Clinton 20,289 58.65% 14,310 41.35% 1,633 6 34,593
Columbia 21,109 60.64% 13,704 39.36% 1,366 1 34,812
Cortland 11,038 52.61% 9,941 47.39% 1,351 0 20,979
Delaware 10,420 47.06% 11,724 52.94% 1,255 2 22,142
Dutchess 84,497 57.64% 62,143 42.36% 7,361 37 146,603
Erie 241,010 56.43% 186,248 43.57% 34,341 189 427,069
Essex 9,886 53.94% 8,446 46.06% 1,194 3 18,329
Franklin 9,417 51.56% 8,853 48.44% 1,313 7 18,263
Fulton 9,157 40.50% 13,455 59.50% 1,544 2 22,610
Genesee 10,481 38.06% 17,066 61.94% 1,265 9 27,538
Greene 11,147 46.12% 13,024 53.88% 1,437 1 24,170
Hamilton 1,249 38.97% 1,956 61.03% 237 0 3,205
Herkimer 11,746 43.05% 15,550 56.95% 1,718 10 27,286
Jefferson 18,481 45.21% 22,413 54.79% 2,296 12 40,882
Kings 567,108 79.67% 149,304 20.33% 140,927 4,571 711,841
Lewis 4,154 32.49% 8,632 67.51% 459 1 12,785
Livingston 12,850 42.37% 17,478 57.63% 1,078 2 30,326
Madison 16,673 50.38% 16,429 49.62% 1,158 5 33,097
Monroe 201,615 58.36% 143,932 41.64% 21,762 57 345,490
Montgomery 8,124 42.29% 11,098 57.71% 1,690 10 19,212
Nassau 364,431 55.75% 289,785 44.25% 65,545 575 653,641
New York 515,395 87.54% 84,146 12.46% 56,296 10,762 588,779
Niagara 47,499 48.39% 50,668 51.61% 5,042 17 98,150
Oneida 47,050 49.25% 48,509 50.75% 5,764 19 95,540
Onondaga 133,324 63.18% 77,805 36.82% 20,481 97 211,032
Ontario 29,085 50.09% 28,992 49.91% 2,731 6 58,071
Orange 82,482 51.23% 78,563 48.77% 17,156 34 161,011
Orleans 5,947 35.42% 10,846 64.58% 1,506 2 16,791
Oswego 24,168 46.50% 27,818 53.50% 2,628 14 51,972
Otsego 14,577 53.66% 12,609 46.34% 1,469 23 27,163
Putnam 26,140 49.89% 26,269 50.11% 4,003 9 52,400
Queens 469,504 75.14% 158,314 24.86% 91,124 2,995 624,823
Rensselaer 39,093 53.40% 34,133 46.60% 6,370 16 73,210
Richmond 92,497 50.75% 90,223 49.25% 18,417 447 182,273
Rockland 66,515 49.35% 68,332 50.65% 16,379 77 134,770
St. Lawrence 18,615 45.33% 22,453 54.67% 3,481 0 41,068
Saratoga 67,678 53.80% 58,124 46.20% 7,005 10 125,792
Schenectady 41,143 58.75% 28,902 41.25% 3,055 12 70,033
Schoharie 6,490 41.85% 9,019 58.15% 698 1 15,508
Schuyler 4,358 46.76% 4,965 53.24% 236 3 9,320
Seneca 7,017 47.93% 7,623 52.07% 586 1 14,639
Steuben 17,507 39.98% 26,371 60.02% 1,854 90 43,788
Suffolk 391,069 54.17% 331,228 45.83% 46,860 403 721,894
Sullivan 16,174 50.02% 16,167 49.98% 3,225 7 32,334
Tioga 11,404 47.28% 12,719 52.72% 687 2 24,121
Tompkins 33,376 76.68% 10,156 23.32% 3,140 5 43,527
Ulster 59,762 63.28% 34,710 36.72% 5,521 31 94,441
Warren 17,117 48.90% 17,897 51.10% 1,297 7 35,007
Washington 12,572 45.63% 15,002 54.37% 1,262 19 27,555
Wayne 18,159 41.86% 25,225 58.14% 1,625 6 43,378
Westchester 290,369 68.26% 135,007 31.74% 39,605 0 425,376
Wyoming 5,639 30.21% 13,031 69.79% 741 4 18,666
Yates 4,199 40.35% 6,214 59.65% 236 6 10,407
Totals 4,757,386 62.47% 2,857,809 37.53% 733,370 21,569 7,615,195

See also

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References

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  1. ^ a b "2024 General Election Results". New York State Board of Elections. Retrieved January 12, 2025.
  2. ^ "Voter Enrollment by County". New York State Board of Elections. Retrieved November 10, 2024.
  3. ^ a b c Wang, Beth (August 23, 2024). "Judge Tweaks Language of NY Abortion Rights Ballot Measure (2)". Bloomberg Law. Archived from the original on November 28, 2024. Retrieved November 2, 2024.
  4. ^ "New York State Senate Resolution". New York State Senate Open Legislation. January 13, 2023. Archived from the original on June 28, 2024. Retrieved June 28, 2024.
  5. ^ a b "New York Equal Protection of Law Amendment (2024)". Ballotpedia. Archived from the original on May 7, 2024. Retrieved May 7, 2024.
  6. ^ "Text of Proposal Number One, a Proposition" (PDF). New York State Board of Elections.
  7. ^ "Text of Proposal Number One, An Amendment". New York State Board of Elections. Archived from the original on November 9, 2024. Retrieved November 2, 2024.
  8. ^ Izaguirre, Anthony (November 2024). "What is Prop 1? NY votes on controversial constitutional amendment today". WNBC. Retrieved November 9, 2024.
  9. ^ Izaguirre, Anthony (November 2024). "New York voters pass constitution change that supporters say will protect abortion and trans rights". Associated Press. Retrieved November 9, 2024.
  10. ^ The Era Project (October 10, 2024). "Explainer on Proposal 1, the New York Equal Rights Amendment on the Ballot". Ms. Magazine. Archived from the original on November 9, 2024. Retrieved November 9, 2024.
  11. ^ Brody, Leslie (January 30, 2017). "New York Gov. Cuomo Wants to Amend State Constitution to Protect Abortion Rights". The Wall Street Journal. Archived from the original on May 8, 2024. Retrieved May 7, 2024.
  12. ^ Campbell, Jon (January 7, 2019). "Andrew Cuomo wants to make abortion a constitutional right in New York". Democrat and Chronicle. Archived from the original on June 30, 2024. Retrieved June 30, 2024.
  13. ^ a b c d e f Ashford, Grace; Fahy, Claire (May 18, 2024). "Why the Equal Rights Amendment Is Again a Hot Topic in New York". The New York Times. Archived from the original on October 9, 2024. Retrieved November 2, 2024.
  14. ^ Campbell, Jon; Bergin, Brigid (May 7, 2024). "Equal Rights Amendment tossed off NY ballot, but an appeal is expected". Gothamist. Archived from the original on July 12, 2024. Retrieved November 3, 2024.
  15. ^ Weixel, Nathaniel (May 7, 2024). "New York judge tosses abortion-related Equal Rights Amendment from state ballot". The Hill. Retrieved November 3, 2024.
  16. ^ Young, Shannon (July 1, 2022). "New York's abortion amendment clears first major hurdle". Politico. Archived from the original on May 7, 2024. Retrieved May 7, 2024.
  17. ^ a b Bragg, Chris; Smith, Rachel Holliday. "Judge Strikes Abortion Referendum From November Ballot". New York Focus. Archived from the original on May 8, 2024. Retrieved May 8, 2024.
  18. ^ Roy, Yancey (June 18, 2024). "NYS appellate court puts Equal Rights Amendment back on Nov. ballot". Newsday. Archived from the original on June 18, 2024. Retrieved June 18, 2024.
  19. ^ a b c d e f g "Hell Gate's Guide to the Six Ballot Propositions". Hell Gate NYC. November 1, 2024. Archived from the original on November 2, 2024. Retrieved November 2, 2024.
  20. ^ "Governor Hochul Signs Legislation to Strengthen Democracy in New York". Governor Kathy Hochul. Retrieved November 2, 2024.
  21. ^ a b c Lewis, Rebecca E. (August 5, 2024). "Board of Elections sued over ERA ballot language". City & State NY. Archived from the original on August 15, 2024. Retrieved November 2, 2024.
  22. ^ Wang, Beth (August 5, 2024). "'Abortion' Should Be Added to NY Ballot Measure Text, Suit Says". Bloomberg Law. Archived from the original on December 5, 2024. Retrieved November 2, 2024.
  23. ^ a b c Kahn, Rachel (October 9, 2024). "A Guide to the Six Ballot Questions New Yorkers Will Vote on in 2024". The City. Retrieved November 2, 2024.
  24. ^ Izaguirre, Anthony (July 29, 2024). "In New York, a ballot referendum meant to protect abortion may not use the word "abortion"". CityNews Toronto. Associated Press. Archived from the original on August 2, 2024. Retrieved August 2, 2024.
  25. ^ a b Arbetter, Susan (October 28, 2024). "Q&A: Proposition 1 – New York's lone statewide ballot measure in 2024". NY1. Archived from the original on November 26, 2024. Retrieved November 2, 2024.
  26. ^ Johnson, Alexis McGill (November 1, 2024). "Reproductive Freedom Is on the Ballot In New York". The Nation. ISSN 0027-8378. Archived from the original on November 21, 2024. Retrieved November 2, 2024.
  27. ^ a b c McFadden, Alyce and Ashford, Grace (October 25, 2024). "What Know To About New York's Six Ballot Measures". The New York Times.
  28. ^ a b "Prop 1 (New York Equal Rights Amendment): What the Amendment Will and Won't Do". New York City Bar Association. Archived from the original on October 30, 2024. Retrieved November 2, 2024.
  29. ^ Rubinstein, Dana (June 29, 2023). "Democrats to Use $20 Million Equal Rights Push to Aid 2024 N.Y. House Bids". The New York Times. ISSN 0362-4331. Archived from the original on June 28, 2024. Retrieved June 28, 2024.
  30. ^ Reisman, Nick (June 29, 2023). "How Democrats, advocates are mobilizing for Equal Rights Amendment". NY1. Archived from the original on June 28, 2024. Retrieved June 28, 2024.
  31. ^ a b c Ashford, Grace (October 25, 2024). "Mega-Donors Pour $8 Million Into Late Push Against N.Y. Abortion Measure". The New York Times. Archived from the original on November 6, 2024. Retrieved November 2, 2024.
  32. ^ Mahoney, Bill (October 24, 2024). "Campaign for pro-abortion amendment in New York spends big on overhead. Not so much on ads". Politico. Archived from the original on November 11, 2024. Retrieved November 2, 2024.
  33. ^ Reisman, Nick (January 24, 2023). "Equal Rights Amendment will head to New York voters next year". NY1. Archived from the original on June 28, 2024. Retrieved June 28, 2024.
  34. ^ Ashford, Grace (July 1, 2022). "New York Moves to Enshrine Abortion Rights in State Constitution". The New York Times. ISSN 0362-4331. Archived from the original on March 22, 2024. Retrieved June 28, 2024.
  35. ^ Lynch, James (October 1, 2024). "N.Y. Ballot Measure Would Enshrine the Left's Social Revolution in the State Constitution". The National Review. Archived from the original on October 12, 2024. Retrieved November 2, 2024.
  36. ^ "Siena College Poll Conducted by the Siena College Research Institute October 13-17, 2024" (PDF). Siena College Research Institute. Archived (PDF) from the original on December 27, 2024. Retrieved January 12, 2025.
  37. ^ "Siena College Poll Conducted by the Siena College Research Institute September 11-16, 2024" (PDF). Siena College Research Institute. Archived (PDF) from the original on December 20, 2024. Retrieved January 12, 2025.
  38. ^ "Siena College Poll Conducted by the Siena College Research Institute June 12-13, 2024" (PDF). Siena College Research Institute. Archived (PDF) from the original on February 13, 2025. Retrieved January 12, 2025.
  39. ^ "Siena College Poll – May 22, 2024" (PDF). Siena College Research Institute. Archived (PDF) from the original on November 2, 2024. Retrieved January 12, 2025.
  40. ^ Meier, Alex (November 6, 2024). "2024 Election Results: New York Prop 1 and NYC Ballot Measures". WNYW. Archived from the original on November 11, 2024. Retrieved November 12, 2024.
  41. ^ Bellafante, Gina (November 7, 2024). "A Silver Lining for New York Democrats". The New York Times. Archived from the original on December 15, 2024. Retrieved December 24, 2024.
  42. ^ "New York State Constitution" (PDF). New York State Department of State. January 1, 2025. Archived (PDF) from the original on January 11, 2025. Retrieved January 12, 2025.
  43. ^ https://elections.ny.gov/amended-certified-november-5-2024-general-election-results-approved-02252025
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