Empire State Today

The Wall Street Journal editorial board has raised concerns over a proposed amendment, Prop. 1, on New York's November ballot. This measure aims to expand the list of protected classes in the state's constitution by including sex, which encompasses "sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy." It would also ban discrimination based on age, national origin, ethnicity, and disability.

According to the editorial board, existing civil-rights laws in New York already prohibit discrimination based on these categories in employment and public accommodations. The addition of "reproductive autonomy" is deemed unnecessary since state law allows abortion through the third trimester with a doctor's approval.

The editorial suggests that Democrats are advancing this amendment for political gain by raising concerns about abortion access to increase voter turnout. The timing of its introduction—after the Supreme Court overturned Roe v. Wade—is seen as strategic for upcoming elections.

Concerns have been expressed about how enshrining these protections could affect other rights. Questions arise about whether individuals identifying as a different gender would be guaranteed access to facilities traditionally reserved for women and whether parents' rights concerning their children's gender transitions might be affected.

Litigation related to President Biden’s Title IX rule underscores these concerns. Nassau County faces legal challenges over a local law banning transgender men from women's sports—a situation that could be influenced by Prop. 1 if passed.

Prop. 1 also includes language stating that it will not prevent efforts aimed at dismantling discrimination or inequality. Critics worry this could pave the way for initiatives like slavery reparations or racial preferences.

William Jacobson from Cornell Law School cautioned that this provision might create an exception to anti-discrimination laws under the guise of diversity, equity, and inclusion (DEI) programs.

New York follows Nevada in considering such an expansive equal rights amendment. The editorial argues that while proponents aim to demonstrate inclusiveness, they may instead impose progressive cultural values on New Yorkers.