(The Center Square) — New York voters have approved a controversial proposal to amend the state constitution to protect “gender identity,” despite claims from critics who say it will block parents of transgender kids from approving medical decisions and allow biological males to play in women’s sports.
Proposition 1 will codify abortion rights in the state constitution and expand protections against discrimination based on race, religion and gender. With about 30% of the votes counted in New York, the measure was ahead by 72% to 28% when the Associated Press called it shortly after 9:30 p.m. Tuesday.
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. But Democrats, who put the question on the Nov. 5 ballot, argued that the amendment was needed to expand those protections to include “gender identity” and “pregnancy outcomes.”
Critics have criticized 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.
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.
Both Republicans and Democrats viewed the proposed amendment as a way to galvanize voters in an election where they are also choosing a president and deciding key House races that could help determine control of Congress.
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.
