FAQ

At a moment in time when out-of-touch politicians and courts are narrowing and rescinding rights across the country, New York is stepping up to make sure that never happens here. These legal protections protect New Yorkers from shifting political winds that would eliminate or narrow existing protections — and keep our rights in our hands.

Abortion is legal in New York — we have to make sure it stays that way. Embedding abortion protections in our state constitution insulates us from the anti-abortion extremists who are working to ban, eliminate or reduce access to abortion care through changes to the state law — as we’re seeing happen in states across the country.

Neither the federal Constitution nor New York State’s Constitution currently protect against discrimination based on a person’s pregnancy, pregnancy outcome, access to reproductive healthcare and reproductive autonomy including abortion. Further, increasingly across the country in virtually every state, including New York, women face criminal and civil consequences for their pregnancy outcomes, including miscarriages. The ERA would change that, explicitly prohibiting discrimination by the government based on pregnancy and pregnancy outcomes. It would also protect against any government actions that would curtail a person’s reproductive autonomy or their access to reproductive health care.

For example, the ERA would ensure the State could not pass a state abortion ban, ban private insurance coverage of abortion, prosecute or criminalize miscarriage, or add medically unnecessary burdens on patients or facilities.

The amendment would explicitly prohibit discrimination by the government based on a person’s age, disability, ethnicity, national origin, and sex—including their sexual orientation, gender identity, and gender expression—in addition to pregnancy, pregnancy outcomes, reproductive health care and autonomy. Proposal 1 will ensure New Yorkers keep and protect what they want most: fundamental reproductive rights and freedoms, without political interference. 

As examples, the amendment would help victims of domestic abuse hold their abusers accountable in court, block a judge from taking away custody of a child based on a parent’s sexual orientation, and prohibit politicians from putting in place barriers to voting that make it difficult for older adults or those with disabilities to vote.

Not yet! New York’s state constitution explicitly protects against racial and religious discrimination, but not other categories — and our highest court has said that our state constitution’s protections only go as far as the federal constitution. The federal constitution has not only been interpreted narrowly to exclude protections for such things as pregnancy, but at this moment we are seeing the Supreme Court rescind rights that people have relied on for decades, like the overturning of Roe v Wade. It is critical that New York clarify that our state constitution broadly protects against discrimination, and recognizes what so many of us know to be true: these rights are about equality.

New Yorkers will have the opportunity to vote on the Amendment in November 2024. New York State Constitutional amendments must pass in two consecutive legislative terms and then be approved by voters in a ballot referendum. The ERA was voted on by the New York Legislature on July 1, 2022, in a special session, following the Dobbs v. JWHO decision that overturned Roe v. Wade, and again on January 24, 2023, to mark the 50th anniversary of that landmark decision. When voters vote yes in November, the ERA will be added to New York’s State constitution.

The New York Equal Rights Amendment will be Proposal or Proposition 1 on all New York State ballots – vote Yes on Prop. 1!

We’d love to have you help get out the vote for Prop 1! You can find local events here to get involved. If you’re part of an organization that wants to join our coalition, fill out this form and we’ll get in touch. Thank you!

We’re grateful for your support! You can donate to our campaign via ActBlue or by sending a check made out to New Yorkers for Equal Rights Inc 

If sending via UPS:

New Yorkers for Equal Rights Inc

c/o MBA Consulting Group

611 Pennsylvania Ave SE #143 Washington, DC 20003

If sending via USPS Priority

New Yorkers for Equal Rights Inc

c/o MBA Consulting Group

PO Box #15845 Washington, DC 20003