Tuesday, October 29, 2024

New York’s Devious and Dangerous Prop. 1

In order for amendments to be placed on the New York ballot, they are required to be introduced in both chambers of the state legislature, then reviewed by the state attorney general within twenty days of introduction, and then they can be voted on and approved by the state legislature to be placed on the ballot.

What will New York voters see on the ballot? This November, New Yorkers will find on their ballots, Proposal Number One, in the following new summarized format: Amendment to Protect Against Unequal Treatment This proposal would protect against unequal treatment based on ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity and pregnancy and against unequal treatment based on reproductive healthcare and autonomy.

A "YES" vote puts these protections in the New York State Constitution.

A "NO" vote leaves these protections out of the New York State Constitution.

Cam Macdonald, an adjunct fellow at the Empire Center, writes that the proposal "Does not add any new rights or protect any existing rights in the state Constitution any change to current abortion rights in New York would require another step - a law passed by the Legislature or a Court of Appeals ruling striking down the state's existing law." Macdonald contrasts New York's Prop.

Through the state's 2019 Reproductive Health Act, New York has already adopted and codified even more expansive abortion allowances than Roe v. Wade permitted.

1 is approved, "a successful challenge based on reproductive autonomy to the existing 24 week milestone could leave New York with no restrictions on abortion on its books." Yet, the proposal is being sold by New York Democrats as a way to "Protect Abortion & Our Freedoms" - at least according to their lawn signs.

Gov. Hochul continues to campaign for abortion rights, saying recently that it would "Enshrine abortion rights in our state Constitution, protecting them from ultra-conservative state legislators, members of Congress, justices, and presidential hopefuls who want to dismantle those freedoms." New Protected Categories If Prop.

According to Macdonald, the New York State Education Department, in their 2023 Legal Update and Best Practices entitled "Creating a Safe, Supportive, and Affirming School Environment for Transgender and Gender Expansive Students," already "Recommends schools use a Gender Support Plan, which can be 'used to help schools create a shared understanding among students, school staff and parents/guardians, about the ways in which the student's authentic gender will be recognized and supported at school.'" Michele Sterlace-Accorsi, an attorney and consultant with the Coalition to Protect Kids, maintains that Prop.

1 for allowing "For a modern approach to equality that addresses the impacts of intersectional discrimination. [and] will distinguish New York constitutional law from the 'neutral' approach to equality developed under the federal Constitution." Abolishing Rights In 2022, during the debate in the New York Assembly over the approval for Prop.

1 coalition includes the ballot issue committee, New Yorkers for Equal Rights, New York Civil Liberties Union, New York Immigration Coalition, 1199 S.E.I.U. and the N.A.A.C.P. Proponents of the amendment are flush with cash. 

https://spectator.org/new-yorks-devious-and-dangerous-prop-1/

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