The Unity Democratic Club joined State Sen. Gustavo Rivera (S.D. 33) on Sunday, Oct. 13, in Riverdale to urge voters to flip their ballot and vote “Yes” to Proposition 1 (Prop 1) in the upcoming general election on Nov. 5. Prop 1 is one of six proposals on the ballot this year and requires a vote by New Yorkers on whether to change the State Constitution, after the NY State Legislature passed the Equal Rights Amendment (ERA) in two consecutive legislative sessions.

 

According to a pamphlet issued by nycvotes.org, an initiative of the NYC Campaign Finance Board, Prop 1 would add protections to the State Constitution’s Bill of Rights to prohibit discrimination on the basis of ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity, pregnancy, and pregnancy outcomes.

 

It would also protect New Yorkers who seek access to reproductive healthcare from discrimination on that basis. According to the pamphlet, a “Yes” vote puts these protections in the State Constitution, and a “No” vote leaves them out.

 

Abigail Martin, female district leader of A.D. 81 and a member of the Unity Democrats, said of the proposal, “This is an opportunity for New York State to be a pioneer for the rest of the country, to pass amendments to the State Constitution that protects against Republican future governments and state legislatures, and everybody has to have all hands on deck with this, so that once New York passes it, other states will follow.”

Ahead of their outreach efforts on Oct. 13, it was explained to those gathered that Prop 1 would enshrine the aforementioned rights into the State Constitution. Morgan Evers, former Democratic State committeewoman (A.D. 81) and Unity Democratic Club member, said, “We already have women’s right to an abortion, but this will enshrine it so that the courts can never walk back that right here in New York State. Prop I is all throughout New York State.”

 

Martin then explained why it was necessary to do this if abortion was already the law in New York. “Last year, we came within five points of having a Republican governor, and he could have defunded Planned Parenthood. This will protect that from happening.” She added in part, “Prop I protects us from any sort of changes that we may have in our government. If New York City really turns out for Prop I, it can carry the rest of the State so we have to drive up the votes in New York [City].”

 

Betsey Knapp, president of the Unity Democrats, warned campaigners to be prepared for opposing arguments. Evers agreed, saying, “There is a well-funded campaign led by Republicans against Prop I. Minors still cannot have any sort of surgeries without parental consent. This does not affect anyone playing on anyone’s children’s sports teams. Prop I doesn’t affect that. It really is only for public purposes. No private entities will be affected by Prop I.”

Martin said another objection was that passing Prop I would allow people to sue religious schools. “That’s not true,” she said. “Religious schools are protected under the federal constitution, so in no way it allows this.”

 

Asked why people would sue such schools, Martin explained in part, “Sue them to allow boys to go to girls’ schools or vice versa, or allow people who aren’t Jewish to go to Jewish schools, or people who aren’t Catholic to go to Catholic schools, and that’s not the case because those schools are usually private and they’re protected under the federal constitution, so it only applies to public, government….”

 

For his part, Rivera said in part, “The bottom line is that what the OPPO (opposition) is doing is they’re lying about what the actual amendment says.”

 

The senator referenced his Republican Party and Conservative Party opponent, Dion Powell, Conservative district leader for the 78th Assembly District, who he alleged would say Prop I was about forcing kids to get sex change operations. “That’s what some of the talking points are,” Rivera said. “Let’s break it down. What does it actually say? Extend protections for all the categories that we talked about, enshrine abortion rights, basic, straightforward, simple, and ultimately necessary because of what’s happening [in other states].”

Knapp encouraged people not to give wrong information and to refer them to the website “Yes to Prop 1.” She added, “It doesn’t say anything about sex change. This stops discrimination against anyone on their gender identity.” She added, “I think it’s really important to be patient with people and kind and hear them out.”

 

Knapp spoke about a woman who had asked her about the potential impact of Prop I on girls’ sports. “I explained it very quietly to her, and she was like, ‘Oh, well, of course, I’m gonna vote for it then!’ So, I just want to point that out. When people really understand what it is they want it.”

 

Reading from his phone, Rivera said, “This proposal amends Article I Section 11 of the New York State Constitution. It prohibits any person, business organization, as well as the State and local governments from discrimination pursuant to law. The current protection of the Constitution covers race, color, creed and religion.”

 

He continued, “Then, the proposal will add ethnicity, national origin, age, disability, sex, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcome, and reproductive health care and autonomy. That does not do any of the things that the Right is trying to argue that this does.”

 

Marcia Yerman encouraged people to refer voters to the New York Bar Association’s website for further clarity, adding that she, herself, had also written about it on her own website. “It [NY Bar site] shows exactly what is covered and what isn’t.”

Rivera encouraged campaigners to not get into any arguments with people who are vehemently opposed to their point of view.” One male campaigner said it was also important not to discount any voters who are not voting for the Harris Walz Democratic ticket, but who may still vote for Prop 1. Martin agreed, adding, “It’s a nonpartisan amendment.”

 

On Oct. 21, Republican City Council Member Kirsty Marmorato (C.D. 13), who represents the East Bronx, and others held a press conference outside City Hall to oppose Prop 1, saying in part, “We just wrapped up a bi-partisan press conference that included parents, attorneys, students, women athletes, council colleagues. We urged the public to learn the facts of Prop 1 and the irresponsible and irreversible damage it would push onto our families and children! Vote NO!”

 

According to the New York Bar Association, Prop 1 will not impact parental rights as it does not address parental rights, which are governed by other developed areas of State and federal law. The Association said Prop 1 does not change existing law with respect to parental consent, or parents’ ability to be involved in decision-making about healthcare or medical procedures for their minor children, including gender-affirming care. They said for more information, voters can visit: https://www.nycbar.org/reports/prop-1-ny-equal-rights-amendment-what-the-amendment-will-and-wont-do/. The information is available in several languages.

After the Oct. 13 gathering, Bernie Goldstein of Riverdale said another reason he was supporting Prop 1 was because his daughter has developmental disabilities. “We live in New York State because of the protections New York State provides, and we’d like to see disability rights in addition to LGBTQIA+ and reproductive rights enshrined in the Constitution as well.

 

In reference to Disability Awareness Month, which is marked in October, he added, “I just hope that we can do more and more to expand rights and the opportunity for independence for people with disabilities. They sometimes are barred from making minimum wage or having any kind of assets to get their life-sustaining rights, and I hope that this can become an even more disability-friendly state, and Prop I will do that.”