NY Passes ERA adding Transgender and Reproductive Rights to the State Constitution

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New York voters overwhelmingly voted yes on Prop 1 adding abortion access and transgender protections to the state constitution.  It was a five-year process as the legislature had to pass the amendment twice and then be voted on during a general election.

New York State already has laws protecting these civil rights, so why amend the constitution? Civil rights advocates recognized it was needed as laws can be challenged in courts putting enforcement of those laws on hold, possibly overturning them. The proponents of the ERA saw that it was needed after Roe Vs Wade was overturned and had the foresight to recognize that incoming conservative administrations would likely rescind Title IX protections.

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Prop 1 text (added protections in bold type):

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.

City and State reports that opponents of the ERA have warned in particular about the prospect of transgender teenagers being given a constitutional right to pursue gender-affirming care and other medical procedures without their parents’ consent. PolitiFact determined that Prop 1 would not allow minors to receive gender-affirming care without parental consent, though it is impossible to say for sure how an individual court may rule if a case is brought. State law currently requires that, in most cases, minors receive parental consent for any medical treatment or procedure.