A proposed constitutional amendment in New York that aims to safeguard abortion rights may face the ballot this autumn without explicitly stating the word “abortion.” The State Board of Elections, responsible for simplifying explanations of proposed laws on the ballot, chose to reiterate the somewhat ambiguous language of the proposed Equal Rights Amendment rather than interpreting its intent.
Currently, New York’s Constitution prohibits discrimination based on race, color, creed, or religion. The amendment would add additional categories such as ethnicity, national origin, age, disability, and aspects related to gender identity, sexual orientation, pregnancy, and reproductive health care. Interpretations of discrimination based on these categories vary among different groups.
Democrats in the state view the proposed amendment as a response to the Supreme Court’s overturning of Roe v. Wade, aiming to fortify abortion rights in the state constitution. Conversely, Republicans criticize the amendment, portraying it as a tactic by Democrats to provide constitutional protection for transgender athletes and other issues.
Unlike some states including explicit provisions to prevent abortion restrictions in their amendments, New York Democrats chose to broaden the state’s anti-discrimination protections to safeguard abortion access. Proponents argue that this amendment could be used to challenge any future abortion restrictions as discriminatory towards abortion as a form of healthcare.
The language of the proposed amendment on the ballot doesn’t include terms like “abortion” or “LGBT,” sparking disappointment among advocates who stress on the importance of clear and comprehensive information for voters. Despite the lack of explicit mention, some legal experts argue that the proposed amendment indeed relates to protecting abortion rights and access to reproductive health care.
As the debate continues, New York maintains laws permitting abortion until fetal viability, typically between 24 and 26 weeks of pregnancy. With Democrats holding a supermajority in the state Legislature and the governor’s office, further restrictions on abortion seem improbable. Supporters emphasize the need to fortify abortion rights despite existing laws, as political shifts could potentially jeopardize these rights in the future. Republicans have raised concerns about the amendment, associating it with potential implications for transgender athletes, although existing state anti-discrimination laws already offer protection in such cases.