Proposition 1: What It Is & Why You Should Vote Yes

With early voting already underway and election day less than a week out, we felt it would be a good idea to do a brief review of Proposition 1, a proposed amendment to the New York State constitution which will appear on everyone’s ballots when they turn up to vote this year (quick side note: you should turn up to vote—more on that at the end of the blog). 

Very generally, if passed, Proposition 1 would enshrine legal protections against discrimination in the state constitution so that they could not be removed so easily if a new, more draconian administration were to come into power.

In the name of informed voting, what follows is a thorough overview of Proposition 1’s contents and a quick discussion of why voting yes is so important. 

What Does Proposition 1 Say?

The New York State constitution currently prohibits discrimination based on “race, color, creed, and religion,” which leaves quite a lot of leeway for discrimination to occur based on other important identities. Proposition (Prop) 1 seeks to amend this prohibition, expanding the types of discrimination the constitution specifically protects against. 

The language of the proposition is actually quite short, so it’s included below for reference. (You can also read the proposition on the New York Board of Elections site.) 

Note: Bolded text is what would be added to existing language if the proposition passes, while underlined and bracketed language would be removed.  

“Section 1. Resolved (if the Assembly concur), That section 11 of article 1 of the constitution be amended to read as follows: 

§ 11. a. No person shall be denied the equal protection of the laws of this state or any subdivision thereof. No person shall, because of race, color, ethnicity, national origin, age, disability, creed [or], religion, or sex, including sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy, be subjected to any discrimination in [his or her] their civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state, pursuant to law.

b. Nothing in this section shall invalidate or prevent the adoption of any law, regulation, program, or practice that is designed to prevent or dismantle discrimination on the basis of a characteristic listed in this section, nor shall any characteristic listed in this section be interpreted to interfere with, limit, or deny the civil rights of any person based upon any other characteristic identified in this section.”

§ 2. Resolved (if the Assembly concur), That the foregoing amendment be submitted to the people for approval at the general election to be held in the year 2024 in accordance with the provisions of the election law.

What does that mean?

Section 1.a widely expands the list of characteristics that receive constitutional protections against discrimination to include the following: ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.  

Additionally, this section guarantees women the autonomy to make decisions about their bodies, notably when it comes to their reproductive rights. Further, it ensures LGBTQIA+ people can receive the support they need to live full, actualized lives as themselves.

Section 1.b protects the amendment against potential future abuse. It establishes that Prop 1 can never be used as a basis for reasoning that goes against its original intent. So, an administration could not cite Prop 1 as a reason not to adopt a law that would protect people against discrimination; similarly, it would be illegal to cite Prop 1 as a reason for denying a person their civil rights based on any of the included identities. 

Why Is Passing Proposition 1 So Important?

Chapter 18, article 15, section 296 of New York State law has already established the protections listed in Proposition 1—so why does it matter if it passes? 

Proposition 1 is an opportunity for us to enshrine legal protection against discrimination in New York for marginalized groups as well as guarantee access to reproductive rights in our state for women, femmes, or anyone who is capable of reproducing. 

Given the current makeup of the Supreme Court and the overturning of Roe v. Wade, these protections absolutely cannot be taken for granted. As the political landscape becomes more polarized, a single election year could mean the difference between women in New York having autonomy over their own reproductive rights and…them not. A constitutional amendment would make it much more difficult for future government administrations to take away New Yorkers’ human rights—we absolutely must make the most of this opportunity. 

How To Make Prop 1 Happen

This is the easy part—make a plan to vote. If possible, vote early. Tell your friends and family that they, too, should vote. Most importantly, make sure to flip your ballot over and vote “Yes” on Proposition 1. 

You can find information about your Election Day polling location here, and more early voting locations in Monroe County here.