Vote Yes on New York State Proposition 1: The Equal Rights Amendment
New York State's Proposition 1, the Equal Rights Amendment (ERA), is an important step toward ensuring that all persons are treated equally under the law, regardless of their identity or background. By expanding New York State Constitution’s protections against discrimination, Proposition 1 reflects a broader societal commitment to fairness, inclusivity, and justice. While these rights are already reflected in NYS law, including them in the New York State constitution will provide further protection for all of us.
Proposition 1 would add the following language in the New York State Constitution:
No person shall be denied the equal protection of the laws of this state or any subdivision thereof. No person shall, because of race, color, ethnicity, national origin, age, disability, creed [or], religion, or sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy, be subjected to any discrimination in [his or her] their civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state, pursuant to law.
Nothing in this section shall invalidate or prevent the adoption of any law, regulation, program, or practice that is designed to prevent or dismantle discrimination on the basis of a characteristic listed in this section, nor shall any characteristic listed in this section be interpreted to interfere with, limit, or deny the civil rights of any person based upon any other characteristic identified in this section.
Proposition 1 provides:
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Comprehensive Anti-Discrimination Protections. Proposition 1 will extend constitutional protections to groups that have historically been subject to discrimination. It includes prohibitions on discrimination based on race, ethnicity, national origin, disability, and sex, and further clarifies that this includes protections for sexual orientation, gender identity, gender expression, pregnancy, and pregnancy outcomes.
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Reproductive Freedom Protection. Voting YES will keep New Yorkers — not politicians — in charge of our personal decisions and will enshrine equal rights into our state constitution.
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Stronger Safeguards to Address Historical and Contemporary Inequities. Women, LGBTQ+ individuals, and racial minorities have faced historical systemic barriers to equality in employment, housing, and public services. This amendment directly addresses these inequities by enshrining stronger legal safeguards.
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Modernization of Civil Rights Protections. The language of New York’s current constitution, while progressive for its time, does not fully provide protection against discrimination. Expanding protections to include gender identity and expression acknowledges the evolving understanding of gender and the need to protect transgender and non-binary individuals from discrimination. The inclusion of disability protections also updates the state’s commitment to accessibility and equal rights for people with disabilities, ensuring their full participation in public life.
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Economic and Social Justice Protections. By preventing employers, landlords, and other institutions from discriminating against marginalized groups who have been disproportionately impacted by discriminatory practices in the workplace and housing markets.
- Legal Certainty and Stronger Enforcement. Embedding these protections in the state constitution gives them strong legal authority, making it harder for future laws or regulations to undermine civil rights. The amendment would ensure that judges have clear constitutional guidance when ruling on cases involving discrimination.
New York State has long been a leader in advancing civil rights and equality. Passing Proposition 1 sends a powerful message that discrimination of any kind is unacceptable and that the state is committed to protecting all of its residents, regardless of their race, gender, disability, or other personal characteristics.
Proposition 1 is not just a technical amendment—it is a necessary step toward a more just and equal society. It addresses loopholes in New York State constitution that could leave New Yorkers vulnerable to the whims of politicians. By passing Proposition 1, New Yorkers have the opportunity to ensure that their state’s constitution reflects the values of fairness, dignity, and respect for all people.
Don’t forget to flip the ballot and Vote Yes on Proposition 1.