Empire State Today

New York is considering a constitutional amendment known as Proposal 1, which has sparked debate among lawmakers and citizens. In an op-ed for the National Review, John Faso describes this proposal as a "Left-wing Trojan Horse." He argues that while Democratic lawmakers present it as a measure to protect abortion rights following the U.S. Supreme Court's 2022 Dobbs decision, its implications extend beyond that issue.

Faso notes that after the Dobbs decision overturned Roe v. Wade, New York, like other states, sought to enshrine abortion rights in its constitution. However, he points out that New York's proposal does not explicitly mention abortion but rather expands protections to include various new classes.

The proposed amendment would modify Section 11 of the state constitution to add protected classes based on ethnicity, national origin, age, disability, and sex—where "sex" encompasses "sexual orientation, gender identity, gender expression, pregnancy outcomes," among others. Faso claims these categories are already safeguarded under existing state law and argues that their inclusion in the constitution could lead to conflicts with current statutory protections.

According to Faso, Proposal 1 could embed agendas related to transgender activism and diversity into the state's foundational legal document while extending certain rights to noncitizens. He expresses concern about potential clashes with parental rights concerning healthcare decisions for minors.

The discussion surrounding Proposal 1 continues as voters consider its broader implications beyond abortion rights.