Empire State Today

We want to make sure you saw this op-ed from John Faso in today’s Times Union:

Commentary: Ballot Measure is Based on a Lie

Abortion rights are not in peril in New York, and the potential impacts of a constitutional proposal are broader than voters might imagine.

Albany Times Union

By John Faso

Sept. 9, 2024

Proposal 1 on New York’s ballot this year, dubbed by its proponents as the Equal Rights Amendment, is based on the assertion that abortion rights are somehow in jeopardy in New York.

The state Legislature adopted New York’s abortion law in 1970, and regardless of one’s position on the topic, there is no genuine threat to these laws. Prop 1 would seriously erode parental rights, undermine girls’ sports, and create new rights to taxpayer benefits for noncitizens.

The amendment doesn’t even mention the term “abortion.” Instead, it amends Section 11 of the New York Constitution, which currently prohibits discrimination based on race, religion, creed or color and adds new categories of protections. These include age, disability, ethnicity, national origin and sex.

In Prop 1, the term “sex” includes “sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes and reproductive healthcare and autonomy.” Each of these categories is already protected from discrimination by state law.

Enshrining these new provisions in the state constitution creates conflict with other long-standing laws that prescribe parental control over medical treatments for their minor children.

A school nurse cannot administer Tylenol to a student without parental consent. Minors can’t receive tanning treatments without a parent’s OK. A new constitutional right to gender identity or gender expression will overcome statutory protections for parental control over medical treatments for their minor children. When courts consider a minor’s demand for transgender treatments like puberty blockers or surgeries, Prop 1 will be used to deny parental authority.

Similarly, this new right will allow biological males to insist upon their ability to participate on female sports teams.