The NYC Bar Association Explains Prop 1: What it will do and what it won’t do

November 1, 2024 Robert Abruzzese, Courthouse Editor

Proposition 1 is a constitutional amendment aimed at expanding anti-discrimination protections. Photo: Richard Drew/AP

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New Yorkers will decide on a proposed amendment to the state constitution, Proposition 1, also known as the Equal Rights Amendment, on Election Day. Listed on the back of the ballot, Prop 1 aims to broaden protections against discrimination across several areas, according to an explanation from the NYC Bar Association.

If approved, Prop 1 would add constitutional protections against discrimination based on ethnicity, national origin, age, disability and sex, expanding protections to include sexual orientation, gender identity, gender expression and decisions related to pregnancy. These additions would join existing state constitutional protections against racial and religious discrimination, reinforcing equal protection under the law.

The NYCBA notes that this amendment’s protections extend to reproductive healthcare — including abortion rights — though the text does not explicitly reference abortion. Prop 1, passed by the legislature soon after the U.S. Supreme Court overturned Roe v. Wade, aims to safeguard against laws that could restrict or penalize reproductive choices.

According to the NYC Bar Association, the amendment’s protections go beyond reproductive rights. Prop 1 would bar future state laws from rolling back equal treatment protections for LGBTQ+ New Yorkers, ensure fair treatment in hiring, pay, and promotion for older, disabled, pregnant and LGBTQ+ individuals, and require accessibility improvements for voting and public facilities. The NYCBA emphasizes that Prop 1’s language is intended to prevent misuse and would not undermine programs meant to combat discrimination.

The NYCBA further clarifies that Prop 1 does not impact areas of law unrelated to discrimination. For example, it will not affect parental rights laws, which govern the rights of parents to participate in health care decisions for their minor children, including gender-affirming care.

Additionally, the amendment will not alter existing state law on sports team participation, which aligns with Title IX and ensures that young people can join teams matching their gender identity. The NYCBA explains that Prop 1 also leaves intact the state’s separate constitutional requirements on voter eligibility, ensuring that it does not change voting qualifications.

The NYC Bar Association has clarified that while Prop 1 protects against discrimination based on national origin, it does not alter current laws concerning undocumented immigrants’ rights or eligibility for taxpayer-funded benefits. Protections against national origin-based discrimination already exist under state and federal laws, and New York’s move to add national origin protections to the state constitution’s equal protection clause mirrors similar provisions in other states, including California, Florida, and Virginia.