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, and other protected classes 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 necessary after Roe Vs Wade was overturned and had the foresight to recognize that incoming conservative administrations would likely rescind Title IX protections as interpreted by the Biden administration and challenge Clayton County, 590 U.S. 644 (2020), the landmark United States Supreme Court civil rights decision in which the Court held that Title VII of the Civil Rights Act of 1964 protects employees against discrimination because of sexuality or gender identity.

Read Trump's plan to crush trans rights from Trump's official site.

Will Prop 1 protect trans and reproductive rights against Trump's fascist agenda? To a point.

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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. However, it is impossible to say 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.