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What is Prop 1? NY Approves Constitutional Amendment Protecting Abortion Access – NBC New York
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What is Prop 1? NY Approves Constitutional Amendment Protecting Abortion Access – NBC New York

While there were probably more noteworthy or highly publicized races that were determined Election dayon the back of the ballot there was an element with which New Yorkers were not as familiar.

Six measures were voted on in New York, the first of which was Proposition 1, a proposed constitutional amendment that was called the “Equal Rights Amendment.”

It became better known as Prop 1 and passed on Tuesday. So what does it state? Here’s a breakdown.

What is New York’s Proposition 1?

Here is the language of Proposition 1, which is an amendment to Section 11 of Article 1 of the state constitution, according to the State Board of Elections (BOE) website:


  1. o. No person shall be denied the equal protection of the laws of this state or of any subdivision thereof. No person shall, because of race, color, ethnicity, national origin, age, disability, creed(s), religion or sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcome, and reproductive health care, and autonomy, to be subjected to any discrimination in 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, in accordance with law.
    b. Nothing in this section shall invalidate or prevent the adoption of any law, regulation, program, or practice which is designed to prevent or eliminate discrimination based on a characteristic listed in this section, and no characteristic listed in this section shall be construed to interfere with, limit or deny the civil rights of any person based on any other characteristic identified in this section.


So how is it different from what is currently being said?

In fact, the current state constitution protects against “unequal treatment based on race, color, creed and religion,” according to the BOE website. Under the new proposal, the BOE says the constitution would also protect against unequal treatment based on “ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy and pregnancy outcome, and reproductive health care.” and autonomy.”

Who was against/for Proposition 1?

Much of the debate surrounding the proposal centers on protecting abortion rights, although the word “abortion” is not mentioned anywhere on the ballot. And critics said there was something else in Prop 1 that caught them off guard.

Sasha Ahuja, who leads a coalition of organizations urging New Yorkers to vote yes, said Proposition 1 adds abortion protections to the state constitution and closes loopholes to ensure no one can face discrimination. Before Election Day, he said 71 percent of New Yorkers supported the proposition.

Gov. Kathy Hochul voiced her support in a Daily News Op-Ed piece in October, saying: “It’s a vote to make sure women, not politicians like me, have the power to make decisions about their own bodies.”

Meanwhile, former GOP gubernatorial candidate Lee Zeldin joined a coalition urging a “No” vote, saying it covers “all kinds of other things that have nothing to do with abortion.” He and other critics said the proposal’s language is vague and opens the door to constitutional changes that could affect schools, voting rights and families.

“It may sound great to protect against the unequal treatment of these classes, but it’s the exact opposite,” Liza Azzarelli of the Long Island-based group Save Our Schools told NBC New York in October.

“They’re looking to get past this because they want to disrupt the family dynamic,” said state Rep. Michael Fitzpatrick, who represents Suffolk County.

But Ahuja denied those claims, saying those who oppose the measure are “trying to divide and distract New Yorkers.”

When do polls close on election day?

Election Day is Tuesday, November 5. The emergency room opened at 6 a.m. and closed at 9 p.m., although anyone in line waiting to vote at that time would still be allowed to vote.