Adirondack Voters for Change will hold an information session on Prop One at the Saranac Lake Free Library. Photo by David Escobar.

November 1, 2024 —

David EscobarProp 1, the Equal Rights Amendment, is sparking debate among Adirondack voters

When several dozen Adirondack residents gathered in a conference room at the Saranac Lake Free Library, they expected a simple question-and-answer session surrounding a constitutional amendment for New York state voters — not a heated debate.

After a brief presentation, three local advocates asked questions about the New York Equal Rights Amendment (ERA), which will appear on the ballot as Proposition 1. The session, intended as an informational event, quickly intensified as audience members expressed their deep division on the issue revealed. change.

“We thought if we did an information session that was factual, we would reach people who weren’t aware of (Prop 1), and also hopefully correct a misunderstanding about what Prop 1 is,” said Margot Gold, one of the event organizers. .

Gold, a board member of Adirondack Voters for Change, said she expected some disagreements, but the public’s reactions highlighted a broader political divide over the amendment.

A volunteer stands next to a “Vote Yes Prop 1” sign at the Adirondack Voters for Change headquarters. Photo by David Escobar.

Understand Prop 1

If approved, Prop 1 would expand New York’s nondiscrimination protections in the state constitution, marking the first update since 1938. That year, lawmakers enacted an equal protection clause banning discrimination based on race, color, religion and creed. The ERA would add ethnicity, national origin, age, disability and gender to this list of protected identities.

The amendment also expands the definition of sex discrimination to include “sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive health care and autonomy.” Supporters see Prop 1 as a crucial safeguard for existing protections against discrimination.

“Importantly, Prop 1 does not change current law,” said Katharine Bodde, co-director of policy for the New York Civil Liberties Union. “These protections are already included in federal and state law, with the exception of protections for abortion rights.”

The most recent version of New York’s Human Rights Act, passed in 2019, includes protections for the list of identities outlined in Prop 1.

Bodde said the ERA’s language would make it more difficult to roll back abortion rights in New York if federal policy changes. Abortion has been legal in New York since 1970, and 2019 legislation ensured that federal restrictions would not affect the state’s abortion policy.

Yet advocates like Gold argue that codifying these protections in the state constitution is crucial “political climate insurance” against unpredictable political shifts.

“If there is a dramatic change in our legislature or in the governorship, our rights could be rolled back quite quickly,” Gold said.

Prop 1 has significant support. A recent Siena College poll found that 57% of state voters and 69% of statewide voters support the ERA. The amendment’s appearance on the ballot makes New York one of 10 states where voters will decide abortion-related measures this year.

Democratic congressional candidate Paula Collins, who is running against Rep. Stefanik, in New York’s 21st Congressional District, said Prop 1 is crucial in the current political climate.

“After the Dobbs decision, we see these abortion bans rolling out across the country,” Collins said, adding that the state constitutional amendment could provide a level of protection for New York’s abortion rights in the event of a federal abortion ban.

“Vote No Prop 1” signs hang from the windows of the Saranac Lake Republican headquarters. Photo by David Escobar.

Opposition and concerns

Among Prop 1’s fiercest opponents are New York Republican Party leaders, who argue the amendment could create legal loopholes. At a recent rally, former congressman and gubernatorial candidate Lee Zeldin expressed concern that Prop 1 would allow transgender women to participate in women’s sports.

“There should be no protective right for boys to participate in girls’ sports in New York,” Zeldin said. “I agree with the concerned parents.”

Current state laws allow transgender athletes to join teams that align with their gender identity, and experts suggest Prop 1 could strengthen these protections.

In a press release, Republican Congresswoman Elise Stefanik echoed Zeldin’s concerns, claiming the amendment could favor non-citizens in New York.

State Sen. Dan Stec, whose office did not return calls for comment, voiced his opposition at a meeting in September, arguing that the amendment could allow minors to undergo gender-affirming surgeries without parental consent.

However, according to the New York Bar Association, these claims are false; Prop 1 does not change voting rights or access to medical procedures for minors.

Colette Lafuente, a volunteer at the Saranac Lake Republican Headquarters, disagrees with the bar association’s assessment.

“It is a very serious piece of legislation because it codifies this set of categories or groups of people into a protected class against discrimination,” Lafuente said.

Lafuente, who has worked in politics in Dutchess County for more than three decades, said she plans to vote “no” on Prop 1, citing the Legislature’s rushed procedures.

Democrats moved quickly to pass the ERA in the wake of the Supreme Court’s decision to overturn it Roe v. Wade in 2022. Before Prop 1 came up for a vote, Democratic majorities in the state Assembly and Senate passed the proposal in two consecutive legislative sessions, as required for state constitutional amendments.

Republicans challenged the amendment in court, arguing that Democrats failed to follow proper state guidelines for approving a ballot initiative. The Republican Party-led lawsuit ultimately failed.

Colette Lafuente at the Saranac Lake Republican Headquarters. Photo by David Escobar.

Legal implications

If Prop 1 passes, it will likely present New York courts with complex questions about constitutional protections. Cam Macdonald, who works as general counsel at the right-wing think tank Empire Center for Public Policy, said the expanded protections could complicate cases where protected identities could conflict.

“A whole group of people are being pushed into the suspect class, where the laws to discriminate against them must be subject to strict scrutiny,” Macdonald said. “The courts are going to decide which of these categories is more important than the others when it comes to challenges.”

Macdonald said the interpretation of the ERA depends on the state’s legal system. In a case where two protected identities come into conflict, such as age or race, courts may have difficulty determining which side takes precedence, according to Macdonald.

However, Bodde said she remains confident that New York’s judiciary can balance protections against discrimination fairly and effectively.

“Courts are well practiced in weighing the need for governments to create regulations such as driver’s licenses, age restrictions, lottery tickets and anti-discrimination protections.”

As Election Day approaches, the division over Prop 1 highlights broader ideological fissures within the Adirondacks.

“I think this is a very important election,” Lafuente said. “Either side doesn’t want to see what they think the other side’s consequences will be.”

Due to the New York Board of Elections’ plain language laws, the full text of Prop 1 will not appear on the ballot. Advocates are urging voters to research the amendment before Election Day and remember to turn over their ballots, as Prop 1 will be printed on the back of the page.

David Escobar is one America Corps Member Report. He reports on diversity issues in the Adirondacks through a partnership between North Country Public Radio and Adirondack Explorer.