This is the 20th election cycle during which I’ve been a newspaper columnist. Over those two decades I’ve hardly written about the candidates. Politics isn’t my bag, policy is. But, I’ve always taken the time to write about statewide ballot proposals. They tend to get lost in the theater, glamour, and money of political campaigns, so I’ve seen it as my duty to educate the masses about them, to give reasoning and both — or all — sides. My goal is to help voters better understand their duty when heading into the polls and not be caught unaware of the decision they have to make.
Most ballot items are relatively benign and free of political intrigue. For example, recent proposals have been things like increasing the monetary level for cases that a specific court could hear or letting lawmakers have access to electronic instead of printed bills. It’s difficult to get worked up about things like that.
This year is a bit different. This column might actually be irrelevant because most voters have already heard about and made up their minds about Proposal Number One. If you’ve spent any time on social media or listened to talk radio you’ve no doubt been inundated with posts, memes and advertisements about it.
For those who haven’t, here you go.
Proposal One reads as follows:
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 (bold) is new; matter in brackets [ ] is old law to be omitted.
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The proposal was made with the intent of enshrining in the state constitution the right to an abortion and ensuring that LBGTQ individuals be protected from discrimination. The proposal outright lacks the word “abortion” and the acronym “LBGTQ”, much to the frustration of top Democrats like Sen. Liz Krueger and Attorney General Letitia James who wanted the proposal to be more widely understood in clear, plain language as required for such measures (judges dictated that the current language was sufficient to get that point across).
Organizations backing the proposal, such as New York Civil Liberties Union and the state’s Democratic Party, cite the state as being behind in enshrinement of abortion and gender rights as 22 states already have something similar to the proposal on their books. They also look at its need with urgency and fear, what with Roe v. Wade having been overturned by the Supreme Court and the increasing likelihood of a second Trump presidency.
Those who are against the proposal — the most vocal and powerful being the state’s Republican Party — have been saying that it’s a Trojan horse, that it will bring with it a series of intended and unintended consequences. Among them, the GOP believes that it will remove parental consent from health decisions affecting their children; allow boys to compete in girls’ sports; and grant taxpayer-funded benefits to non-citizens.
I strongly suggest that voters spend time — outside social media — researching the proposal because there are substantial theatrics and doom-and-gloom being cast by both sides. When it comes to those extremes, one side would have you believe if it doesn’t pass pregnant women will die while the other side has you thinking if it does pass kids will be mutilated.
If you were to further research this issue, a good place to start is the Empire Center’s take written by Cam Macdonald which can be found at tinyurl.com/NYProposalOne. In a reasoned, detailed approach he notes that the proposal does not protect abortion rights by itself nor does it take away parental consent. It does lift more people into protected classes while not affording any extra rights. Macdonald’s and the Empire Center’s big concern with the proposal is that the courts (not lawmakers) will set public policy through litigation outcomes because the proposal does not provide the appropriate guide rails for the courts.
Proposal one. Is it good? It is bad? That’s for you to decide at the ballot box.