Prop 1, the Equal Rights Amendment, is sparking debate among Adirondack voters

Adirondack Voters for Change is holding an information session about Prop One at the Saranac Lake Free Library. Photo by David Escobar.

Nov 01, 2024 —

David EscobarProp 1, the Equal Rights Amendment, is sparking debate among Adirondack voters

When several dozen Adirondack residents gathered in a conference room at the Saranac Lake Free Library, they expected a straightforward question-and-answer session on a constitutional amendment to be put before New York state voters – not a heated debate.

After a brief presentation, three local advocates asked questions about the New York Equal Rights Amendment (ERA), which will appear on the ballot as Proposition 1. The session, intended to be an informational event, quickly intensified as audience members expressed their clear disagreements with the New York Equal Rights Amendment (ERA).

“We thought if we held a factual information session, we would reach people who didn't know about (Prop 1) and hopefully also correct some misconceptions about what Prop 1 is,” said Margot Gold, one of the event's organizers.

Gold, a board member of Adirondack Voters for Change, said she expected some disagreement, but audience reactions showed a broader political divide over the amendment.

A volunteer stands next to a “Vote Yes Prop 1” sign at the Adirondack Voters for Change headquarters. Photo by David Escobar.

Understand Prop 1

If approved, Prop 1 would expand New York's anti-discrimination protections in the state constitution, marking the first update since 1938. This year, lawmakers introduced an equal protection clause that prohibits discrimination based on race, color, religion and creed. The ERA would add ethnicity, national origin, age, disability, and gender to this list of protected identities.

The amendment also expands the definition of gender discrimination to include “sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcome, and reproductive health care and autonomy.” Advocates view Prop 1 as a crucial safeguard for existing discrimination protections.

“Importantly, Prop 1 does not change current law,” said Katharine Bodde, co-director of policy for the New York Civil Liberties Union. “These protections are already included in federal and state law, with the exception of protections for abortion rights.”

The most recent version of New York's Human Rights Law, passed in 2019, provides protections for the list of identities listed in Prop 1.

Bodde said the ERA's language would make it harder to repeal abortion rights in New York if federal policy changes. Abortion has been legal in New York since 1970, and 2019 legislation ensured that federal restrictions would not affect state abortion policies.

But advocates like Gold argue that codifying these protections in the state constitution provides important “political climate insurance” against unpredictable political changes.

“If there is a dramatic change in our legislature or governor’s office, our rights can be rolled back pretty quickly,” Gold said.

Prop 1 has significant support. A recent Siena College poll found that 57% of voters in the Upstate and 69% of voters statewide support the ERA. The amendment's appearance on the ballot makes New York one of 10 states where voters will decide on abortion-related measures this year.

Democratic congressional candidate Paula Collins, who is running against Rep. Stefanik in New York's 21st Congressional District, said Prop 1 is critical in the current political climate.

“After the Dobbs decision, we are seeing these abortion bans being implemented across the country,” Collins said, adding that the state constitutional amendment could provide some level of protection for New York’s abortion rights in the event of a federal abortion ban.

“Vote No Prop 1” signs hang on the windows of the Republican headquarters in Saranac Lake. Photo by David Escobar.

Resistance and concerns

Among Prop 1's fiercest opponents are New York GOP leaders, who argue the change could create legal loopholes. At a recent rally, former congressman and gubernatorial candidate Lee Zeldin expressed concerns that Prop 1 would allow transgender women to participate in women's sports.

“There should be no protection for boys to participate in girls’ sports in New York,” Zeldin said. “I agree with the concerned parents.”

Current state law allows transgender athletes to join teams that match their gender identity, and experts suggest Prop 1 could strengthen those protections.

In a press release, Republican Congresswoman Elise Stefanik echoed Zeldin's concerns, claiming the amendment could give non-citizens in New York the right to vote.

State Sen. Dan Stec, whose office did not respond for comment, voiced his opposition at a rally in September, arguing that the change could allow minors to have gender-affirming surgeries without parental consent.

However, according to the New York Bar Association, these claims are false; Prop 1 does not change voting rights or access to medical procedures for minors.

Colette Lafuente, a volunteer at the Republican headquarters in Saranac Lake, disagrees with the bar association's assessment.

“It is a very serious law because it establishes these categories or groups of people in a class protected from discrimination,” Lafuente said.

Lafuente, who has been in politics in Dutchess County for more than 30 years, said she plans to vote no on Prop 1, citing the Legislature's rushed procedures.

After the Supreme Court's decision to repeal the ERA, Democrats quickly passed the ERA Roe v. Wade in 2022. Before Prop 1 was on the ballot, Democratic majorities in the state Assembly and Senate passed the proposal in two consecutive legislative sessions, as is required for state constitutional amendments.

Republicans challenged the change in court, arguing that Democrats failed to follow proper state guidelines for approving a ballot initiative. The lawsuit led by the Republican Party ultimately failed.

Colette Lafuente at Republican headquarters in Saranac Lake. Photo by David Escobar.

Legal implications

If Prop 1 passes, it would likely present New York courts with complex constitutional questions. Cam Macdonald, who works as general counsel at the right-wing think tank Empire Center for Public Policy, said the expanded protections could complicate cases where protected identities could conflict.

“A whole range of groups of people are being relegated to the suspect classes where laws discriminating against them face strict scrutiny,” Macdonald said. “The courts will decide which of these categories is more important than the other in challenges.”

Macdonald said interpretation of the ERA will be left to the state's court system. In a case where two protected identities, such as age or race, conflict, courts may have difficulty determining which side prevails, according to Macdonald.

However, Bodde said she remains confident that the New York judiciary can balance anti-discrimination protections fairly and effectively.

“Courts are well-trained in balancing the need for governments to create rules such as driver’s licenses, age restrictions, lottery tickets and anti-discrimination protections.”

As Election Day approaches, the disagreement over Prop 1 highlights larger ideological divisions within the Adirondacks.

“I think this is a very important election,” Lafuente said. “Both sides don’t want to see what they think the other side’s consequences will be.”

Due to the New York Board of Elections' plain language laws, the full text of Prop 1 will not appear on the ballot. Advocates are urging voters to learn about the change before Election Day and to remember to turn over their ballots because Prop 1 will be printed on the back of the page.

David Escobar is a America Corps Member Report. He reports on diversity issues in the Adirondacks as part of a partnership between North Country Public Radio and Adirondack Explorer.