(The Center Square) — New York voters will consider a proposal to amend the state constitution to protect “gender identity,” but critics say it will block parents from a say on whether kids undergo gender reassignment surgery and open the door to biological males playing in women’s sports.
Proposition 1, which was put on the Nov. 5 ballot by the Democratic-controlled state Legislature, would, if approved by voters, codify abortion rights in the state constitution and expand protections against discrimination based on race, religion and gender.
The proposal survived a legal challenge from Republican lawmakers, who sued to keep it off the ballot, after being cleared for the ballot by a July ruling by the state’s highest court.
To be sure, New York’s Constitution already bans discrimination based on race, color, creed or religion, and has some of the toughest abortion protections in the nation.
The question doesn’t specifically mention “abortion” but would ask voters if they support updating the constitution to declare that people can’t be denied rights based on their “ethnicity, national origin, age, and disability” or sex, including “sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.”
Democratic New York Gov. Kathy Hochul, who supports the amendment, said it comes in response to the “extreme” decision by the U.S. Supreme Court to overturn Roe v. Wade, which provided federal protections for abortion.
But critics have blasted the measure as a “Trojan horse” that would open the door for biological males who identify as transgender to compete against women in sports or allow minors to get sexual reassignment surgery without parental approval.
“Proposition One would strip the legal rights of parents with school-age children to know about crucially important things happening with their kids, including controversial gender transformation procedures,” the Coalition to Protect Kids said in a statement. “Schools would be required to permit biological males to compete on girls’ sports teams if voters approve this amendment.”
The opposition group Vote No on Prop 1 Committee argues that the measure would also pave the way for authorizing non-citizens to vote, make New York a ‘sanctuary’ state by restricting cooperation with immigration officials, and enshrine radical gender ideology and diversity, equity and inclusion policies in the state’s constitution.
The ballot committee New Yorkers for Equal Rights, which has spent more than $2.8 million over the past two years promoting the amendment, has pushed back on claims by opponents.
“Anti-abortion donors are rolling in the big bucks trying to scare New Yorkers into voting against their own rights,” Sasha Ahuja, the ballot committee’s campaign director, said in a statement. “Prop 1 has nothing to do with our country’s immigration laws, and it does not hand out special rights to anyone.”
Republicans and Democrats view the proposed amendment as a way to galvanize voters in an election where they will also choose a president and decide key House races that could help determine control of Congress.
Democrats see the issue of abortion access as a wedge that could help Vice President Kamala Harris win the White House and possibly help them take over control of the U.S. House of Representatives.
Republicans are also campaigning on the issue, hoping it will help congressional incumbents keep their seats and shepherd more votes for former Republican President Donald Trump in the blue state.
Recent polls have shown a majority of voters back the measure, but the surveys show opposition has risen in suburban New York districts where there are battleground congressional races.
