Abortion Rights Are on the Ballot in New York, Though You Might Not Have Heard
The campaign backing Proposition 1, which will enshrine a right to abortion in the state's constitution, mismanaged funds and fumbled voter outreach. Here's what you need to know about it.
Photo: Getty Images Politics
The hottest ballot proposition this election season is a measure to enshrine a right to abortion into your state’s constitution. In total, 10 states will be voting to protect abortion rights: Florida is voting on Amendment 4; Missouri is voting on Amendment 3; Montana is voting on Initiative 128, and then there’s Arizona, Colorado, Maryland, Nebraska, Nevada, South Dakota, and New York.
The Empire State’s abortion rights ballot measure hasn’t been the biggest story of the 2024 election (more on that in a moment), but Proposition 1, or the New York Equal Rights Amendment, would codify abortion rights into the state constitution. (If you’re voting in New York, vote “Yes” to preserve abortion rights.) Abortion is obviously legal in New York and available to anyone up to 24 weeks; after that, it’s still legal, but is dependent on the health of the fetus or the risk to the pregnant person’s life. But supporters say that passing this measure would ensure abortion is always legal, especially if something like a federal abortion ban were to pass.
“If it is a New York constitutional amendment, it’s more likely that our rights here would be preserved,” Sarah Steiner, a New York-based election attorney told The City. “It’s the best chance we’ve got.”
However, Prop 1 doesn’t include the word “abortion,” and instead ensures protection for the procedure under the broader umbrella of a right to reproductive rights. Specifically, Prop 1, or the ERA, is an extension of New York’s equal protection clause—which hasn’t been updated since 1938, and only prohibits discrimination based on “race, color, creed or religion.” If it passes, Prop 1 would prohibit discrimination based on “ethnicity, national origin, age, disability and sex — including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, reproductive health care and autonomy.” The right to abortion falls under those last four categories.
Sweet, I’m sure you’re thinking, why would anyone vote against that?
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