In November, New York voters will decide on a ballot measure that would help protect vulnerable groups, and the League of Women Voters is spreading the word on why it’s important for it to pass.
The league is a nonpartisan, grass-roots organization that works to protect and expand voting rights throughout the country while empowering voters through education and litigation, locally and nationally. At an Aug. 21 meeting of the East Nassau chapter — which represents several communities including East Meadow — members and guests learned about Proposal 1, formerly known as the Equal Rights Amendment.
“When this passes, the constitution for New York state will change, giving us all equal rights,” Peggy Stein, a member of the chapter, said. “Women, people that are disabled and people that identify differently.”
According to the state Bar Association, the state Constitution prohibits discrimination based only on race and religion. There are no such protections for gender or other classifications. Proposal 1 would prohibit discrimination based on a person’s ethnicity, national origin, age, disability and sex, including their sexual orientation, gender identity, gender expression, pregnancy and pregnancy outcomes.
At last week’s meeting, guests filled out postcards encouraging voters to “flip the ballot” and vote on Proposal 1. The postcards were mailed to addresses provided by New Yorkers for Equal Rights, a coalition that supports the amendment. Attendees filled out around 300 cards, Stein said.
Susan Gottehrer, director of the Nassau County New York State Civil Liberties Union, who spoke at the meeting, said that Proposal 1 would protect many groups of people who are under attack.
“Courts are walking back rights,” Gottehrer said. “Governments are walking back rights. This proposal will actually embed protections in the Constitution, which is really important.”
In 2022, the U.S. Supreme Court overruled Roe v. Wade, ending the constitutional right to an abortion. Afterward, states across the country moved to either implement abortion bans or protect abortion rights.
“It will put reproductive health care, including abortion, pregnancy and contraception, under the guise of sex discrimination,” Gottehrer added of Proposal 1. “And this is new, and that’s where it gets a little legalistic, but putting it under the category of sex discrimination will make sure that those pieces are protected. And I think we know that contraception, at this point, is also probably going to be under attack.”
“The ERA was advanced to protect access to abortion care, enshrine this basic right in our Constitution, and protect people from discrimination,” state Attorney General Letitia James wrote in a statement. “We will continue to do everything in our power to protect these rights and ensure everyone can live safely and freely in the great State of New York.”
Although New York is recognized as a liberal state, Gottehrer said that doesn’t mean everyone’s rights are protected. Last month, Nassau County Executive Bruce Blakeman signed a law that would prohibit transgender athletes from playing in women’s sports at county-owned athletic facilities. At a July 15 news conference, Blakeman said the law was necessary to protect women’s sports.
“For us it’s a matter of common sense, it’s a matter of fairness and it’s a matter of integrity,” he said.
After the bill was signed, the New York Civil Liberties Union, along with James, filed a lawsuit against Blakeman and the county, arguing that the ban is illegal in New York state.
“It is abundantly clear that any attempt to ban trans women and girls from sports is prohibited by our state’s antidiscrimination laws,” Gabriella Larios, the NYCLU’s staff attorney, wrote in a news release. “… This latest round of hateful legislation is unacceptable, and we won’t let it stand in New York.”
Gottehrer said it’s difficult for someone to file suit in the state when they are discriminated against, because it’s their responsibility to prove it. Proposal 1, she explained, would correct the way courts interpret discrimination, making it easier for someone to prove that the government is infringing on their rights.
“This is going to help so many people,” Gottehrer said. “There’s so many people that are struggling, and so many people that are marginalized, and the psychological impact of being part of a marginalized community is devastating.”