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NY voters pass constitutional amendment to protect abortion and transgender rights
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NY voters pass constitutional amendment to protect abortion and transgender rights

ALBANY, N.Y. (AP) — New York voters approved a change Supporters say changes to the state’s constitution that ban discrimination based on factors such as “gender identity” and “pregnancy outcomes” would further protect transgender people and abortion rights.

Supporters and opponents I totally disagree About the potential legal impact of the Equal Rights Amendment, also known as Proposition 1. Conservatives, who said it would give transgender athletes a legal right to play on girls’ sports teams, strongly opposed this.

The amendment adds language to the state constitution stating that someone cannot be denied civil rights because of national origin, age, disability, sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, or “reproductive health and autonomy.” Previously, the constitution prohibited discrimination based on race, sect and religion.

Democratic leaders present amendment proposal on the ballot in an election year when U.S. House races in New York could help decide which party controls Congress, partly in hopes of increasing turnout among voters passionate about protecting access to abortion.

But Democrats’ approach to the amendment’s language led to confusion and one of the most unusual political fights of the year.

Other states with abortion-related questions on their ballots: address head to head When definitive termination of pregnancy had to be legal, New York legislators took the indirect approach of writing their proposed amendment as an anti-discrimination measure.

The goal, they said, was to create a legal framework under which any restrictions on abortion would lead to an unconstitutional form of discrimination in medical care. The New York City Bar Association and some other legal experts agree with this assessment.

“This vote is a rejection of a reactionary national movement to roll back our hard-won freedoms in other states. “New Yorkers have loudly said ‘no,’ to abortion bans and attacks on immigrants and trans people,” Donna Lieberman, executive director of the New York Civil Liberties Union, said in a statement after the amendment was passed.

However, the fact that the word abortion was not included in the amendment itself caused a headache for its supporters. It also opened the door for opponents to argue that other anti-discrimination measures would lead to a host of unintended consequences.

Opponents argued that the amendment’s protection of “gender expression” would create a constitutional right for transgender athletes to play on girls’ sports teams.

They argued that banning discrimination based on national origin could result in noncitizens being allowed to vote, and banning age discrimination could eliminate price discounts for senior citizens. Some groups have argued that this would prevent parents from having a say in their children’s medical care.

Previous state court decisions have found that existing language in the state constitution prohibits noncitizens from voting. The New York City Bar Association also says the change would not preempt existing state laws requiring parental consent for a child’s medical care.

Legal battles are already ongoing in New York over whether current state and federal laws give transgender people the right to play on sports teams that match their gender identity.

Democrats in the state legislature are pushing back against the U.S. Supreme Court’s decision in Roe v. After overturning his lawsuit, Wade voted to put the amendment on the 2024 ballot. Voters elsewhere have supported access to abortion in previous elections. One Associated Press-NORC Center for Public Affairs Research A recent poll found that 7 in 10 Americans think abortion should be legal in all or most cases.

Uncertainty about the New York amendment’s impact on abortion was so pronounced that even the state Board of Elections raised its hand. The board is responsible for writing simple explanations of proposed changes that voters will see on their ballots. Rather than interpreting the measure or including the word abortion in its definition, the board decided to reiterate the amendment’s language verbatim.

Supporters of the amendment objected, but a judge refused to let the board rewrite its statement, in part because he can’t say for sure how courts will interpret the amendment’s language when it comes to abortion.

Abortion is currently legal in New York until the 24th week of pregnancy. After that, it is legal only if the pregnant person’s life, physical health, or mental health is at risk or if a medical provider determines that the fetus is not likely to survive. Viability It is a term used by healthcare providers to describe whether a pregnancy is expected to continue developing normally or whether a fetus can survive outside the womb. Democrats have a tight grip on state government in New York, ruling out new restrictions on abortion in the near future.

But if a future legislature tries to limit access to abortion or, for example, passes a law banning gender-affirming medical care for minors, supporters of the amendment said that would have the most profound impact. Unlike a state law that can be repealed by the legislature, an amendment must be passed by lawmakers twice and then presented to voters for final approval.