In less than two weeks, New Yorkers will decide on two ballot propositions. The first one, colloquially referred to as “Proposition One,” would add anti-discrimination language to the State Constitution. Many Democrats tout it as a need to protect abortion rights in New York, while many Republicans consider it a “Trojan horse.”
The text will appear as such on the ballot in front of voters: “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 healthcare and autonomy.”
A vote in favor of the proposition would add these protections to the State Constitution. A vote against would leave these provisions out.
The abstract of the bill, available on the New York State Board of Elections’ website, says that the current protections in the Constitution cover race, color, creed, and religion. The proposal would add “ethnicity, national origin, age, disability, and sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.”
The justification for the bill, also available at the State Board of Elections’ website, says that the word “sex” is “inclusive of sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.”
Former Congressman and 2022 gubernatorial candidate Lee Zeldin (R-Shirley) held a rally last Thursday at the Long Island Baptist Church in Holtsville to protest Proposition One. He was joined by a slate of elected officials and community members who are concerned about the bill’s overarching language and potential litigation that could be sparked by its passage.
“It’s been fascinating to watch as Democrats try to brand out of Albany Proposal 1 as a so-called ‘Equal Rights Amendment.’ Nowhere in the proposal will you see the term ‘Equal Rights Amendment,’” said Zeldin. “They say it is a proposal to enshrine abortion rights in the state of New York, and yet when you read the ballot proposal, there are all sorts of other changes to the New York State Constitution that have nothing at all to do with abortion.”
Zeldin added that he agrees with New Yorkers concerned about biological males participating in female sports and that many parents in the state do not believe that males should have access to female bathrooms and locker rooms.
“There has been a push in New York to allow non-citizens to vote. If Proposition One is passed, it will be used by Democrats to try to advance this push for non-citizens to be able to have sanctuary state protections in Albany and to allow them to vote,” said Zeldin.
Zeldin encouraged all voters to read the full text of Proposition One before heading to polls next month. He also added that Republicans were not the only ones present with him, but Democrats and “people in between” as well.
“This is a Trojan Horse of the most epic kind,” said Bobbie Anne Cox, a constitutional law attorney who has been traveling across the state to campaign against Proposition One. “Boys will have a constitutional right to access female spaces like locker rooms, bathrooms, dormitories, prisons, and so on. It’s going to open the door for those immigrants that are here, legally or illegally, to claim the right to have the same access and rights as New York citizens. Those things could be taxpayer-funded benefits, but it can also include the sacred right to vote.”
Cox added that parents have a “constitutional right” to raise their children and that if the initiative is approved, she believes that the “overly broad language” will lead to protected classes being “pit against one another.”
“You’re going to have lawsuits across the state over who is more protected,” said Cox, referring to existing provisions in state and federal code.
“Two years ago, New York City passed a law that gave the right to vote to non-citizens, here legally or illegally. That was challenged and it was reversed. However, the Mayor of New York City is appealing the decision. If Proposition One passes, that door is going to open and that could become a reality,” said Cox.
Cox shared an anecdote of a Westchester County school district that implemented a “speech code,” which required students to call other students and staff by their “preferred pronouns.”
“Whose right is going to trump the other person’s right?” asked Cox. “The language is much too broad.”
Cox added that last year, the State Department of Education issued a guidance that says if a student is “transitioning their gender,” or at least interested in doing so, the school administration is “not allowed to tell the parents” of their child’s newfound identity.
Cox also warned of already vague language being presented to the voter in the form of two sentences that would likely seem acceptable to most voters.
“If this passes, it would allow the government to discriminate against you if they’re doing so in the name of correcting past discrimination or preventing future discrimination,” said Cox, adding that as a “lifelong Democrat,” she opposes Proposition One as a constitutional law attorney.
“The language is not going to protect our rights. What it’s going to do is hamper and weaken our rights. This is a huge power grab by the government,” said Cox.
Assemblyman Joe DeStefano (R-Medford) said he remembers equal rights amendments of the 1960s and 1970s, but remarks at how much the fight has “changed” since then.
“When did we all of a sudden get okay with the idea of genetic males being able to compete in female sports?” asked DeStefano. “I have colleagues who have young daughters who are terrified that this is going to become a reality.”
Assemblyman Mike Fitzpatrick (R-St. James) emphasized the “specifically vague” language of the bill.
“It will foment lawsuits and conflict between parties. It is the government intervening in every aspect of our everyday lives,” said Fitzpatrick. “This is what the radical left intends to do, and they’re acting this out. They’re looking to pass this because they want to disrupt the family dynamic.”
Assemblyman Ed Flood (R-Port Jefferson), a father of five, said he’s already seeing how his five-year-old son is already faster and stronger than his two older sisters.
“This will only be amplified when they get older. This ‘equal rights amendment’ is nothing but equal,” said Flood. “This puts all women athletes at a competitive disadvantage. It takes away the scholarship opportunities, it will take away the ability to make teams, and it will take away a young girl’s morale and their confidence, no matter how hard they try, they can never be as physically dominant as someone of the opposite sex. This is just biology.”
Flood also dismissed claims of the initiative’s protection of abortion rights.
“We have some of the strongest abortion laws in the country; they’re not going anywhere,” said Flood. “This is also a deflect on their [the Democrats’] part. Since 2018, they’ve taken a supermajority in both chambers and they have a Democratic Governor. They’ve made New York State go in a downwards spiral. This is their last effort to try and salvage some of these races and keep the majority by creating an issue.”
Candidate for Assembly Joe Cardinale (R-Amityville) added that “years of training” are “out the window” for rising female athletes in USA Boxing, which now allows biological men to fight against them.
Suffolk County Legislators Rob Trotta (R-Fort Salonga) and Catherine Stark (R-Riverhead) stated their opposition to the bill and its “lack of transparency.”
Community advocates stated that children are not able to make “educated and informed” decisions about their bodies in many regards, and that many treatments for gender transitions are irreversible, such genital mutilation, puberty blockers, and hormone treatments.
Zeldin said that if Proposition One passes, it might be in conflict with the U.S. Constitution. The term “national origin” could, according to him, be interpreted as anyone who is simply “not an American.” Zeldin also shared his lack of faith in the State Court of Appeals, saying that the Court will “support decisions” where “merit seems to be pushed aside.”
“Democrats know that their agenda does not pass in a legislature. The only way to get their agenda passed is in the courts,” said Fitzpatrick, primarily of the vague language of the bill. “I’m sure lawsuits are being worked on right now.”
“When Riley Gaines’ rights come into conflict with Lia Thomas’ rights, which right is superior?” asked Zeldin. Gaines is a former competitive swimmer who tied for fifth in the 200-yard NCAA freestyle championship in 2022 against Lia Thomas, who became the first openly transgender woman champion in the NCAA women’s division after winning the 500-yard freestyle.
Cox added that the language of “age” is highly subjective, which she says could be interpreted in ways to allow school districts to teach “comprehensive sexual education” to children as young as five, or allow minors to make their own medical decisions without parental consent.
Proposition One has been one of the most controversial issues of this election. Suffolk voters will be faced with the decision on the backs of their ballots on November 5.