New York voters approved Proposition 1
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Voters in New York have approved Proposition 1, a ballot measure that makes abortion rights part of the state constitution.
Voters in New York have approved Proposition 1, a ballot measure that makes abortion rights part of the state constitution. The amendment adds language to the state constitution saying someone cannot be denied civil rights because of their national origin, age, disability, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, or “reproductive healthcare and autonomy.” Previously, the Constitution forbade discrimination based on race, creed, or religion.
Democratic leaders put the amendment on the ballot partly in hopes of boosting turnout among voters passionate about protecting abortion access in an election year when US House races in New York could help decide which party controls Congress. While other states with abortion-related questions on their ballots chose to address head-on when exactly ending a pregnancy should be legal, New York lawmakers took the indirect approach of writing their proposed amendment as an anti-discrimination measure.
The intent, they said, was to create a legal framework where any restrictions on abortion would amount to an unconstitutional form of discrimination in medical care. The New York City Bar Association has agreed with that assessment, as have some other legal experts.“This vote is a rejection of a regressive national movement to roll-back our hard-won freedoms…gained in other states. New Yorkers resoundingly said ‘hell no, not here’ to abortion bans and attacks on immigrants and trans people,” New York Civil Liberties Union Executive Director Donna Lieberman said in a statement after the amendment passed.
Opponents argued that the amendment’s protection of “gender expression” would create a constitutional right for transgender athletes to play on girls’ sports teams. They argued that banning discrimination based on national origin could result in noncitizens being allowed to vote and that banning age discrimination might take away price discounts for senior citizens. Some groups argued that it would stop parents from having a say in their child’s medical care. Previous state court decisions have found that existing language in the state constitution bars noncitizens from voting. The New York City Bar Association says the amendment would not block existing state laws requiring parental consent for a child’s medical care.
Democrats in the state legislature voted to put the amendment on the 2024 ballot after the US Supreme Court overturned the rulings of Roe v. Wade. Voters elsewhere have shown support for abortion access in previous elections. An Associated Press-NORC Center for Public Affairs Research poll recently found that seven in 10 Americans think abortion should be legal in all or most cases. Supporters of the amendment objected, but a judge declined to make the board rewrite its description, in part because he could not say for certain how courts would interpret the amendment’s language when it came to abortion.
Abortion is currently legal in New York through the twenty-fourth week of pregnancy. After that, it is only legal if the pregnant person’s life, physical health, or mental health is at risk or if a medical provider determines the fetus is not viable. Viability is a term used by healthcare providers to describe whether a pregnancy is expected to continue developing normally or whether a fetus might survive outside the uterus.
Democrats have firm control of state government in New York, making any new abortion restrictions unlikely in the near future. Though, if a future legislature were to try to limit abortion access or, for example, pass a law banning gender-affirming medical care for minors, that’s where supporters of the amendment said it would have its most profound effect. Unlike a state law, which a legislature can repeal, an amendment must be passed by lawmakers twice and then go to voters for final approval.