New York’s constitutional amendment sparks heated debate among Adirondack residents

A guide to understanding Proposition 1: The controversial Equal Rights Amendment before voters on Nov. 5

By David Escobar

When several dozen Adirondack residents gathered in a conference room at the Saranac Lake Free Library, they expected a straightforward Q&A session around a constitutional amendment coming up before New York state voters — not a heated debate.

Following a brief presentation, three local advocates fielded questions on the New York Equal Rights Amendment (ERA), which will appear on ballots as Proposition 1. The session, intended as an informational event, quickly intensified as audience members revealed their stark divides on the amendment.

“We thought if we held an informational session that was factual, we would get people who weren’t aware of [Prop 1], and also hopefully correct some misunderstanding of what Prop 1 is,” said Margot Gold, one of the event’s organizers.

Gold, a board member for Adirondack Voters for Change, said she anticipated some differences of opinion, but the audience’s responses highlighted a broader political divide over the amendment.

Understanding 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 established an equal protection clause prohibiting discrimination based on race, color, religion, and creed. The ERA would add ethnicity, national origin, age, disability, and sex to this list of protected identities.

The amendment also broadens the definition of sex discrimination to include “sexual orientation, gender identity, gender expression, pregnancy, pregnancy outcomes, and reproductive healthcare and autonomy.” Supporters view this update as a critical safeguard for existing discrimination protections.

“Importantly, Prop 1 doesn’t change current law,” said Katharine Bodde, co-director of policy for the New York Civil Liberties Union. “These protections are already in federal and state law, except for protections for abortion rights.”

The most recent version of the New York Human Rights Law, which passed in 2019, includes protections for the list of identities outlined by Prop 1.

Bodde said the ERA’s language would make abortion rights harder to overturn in New York, should federal policies shift. Abortion has been legal in New York since 1970, and 2019 legislation ensured federal restrictions won’t affect state abortion policies.

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

“If there’s a dramatic change in our legislature or in the governorship, our rights can be rolled back pretty quickly,” Gold said.

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

Democratic congressional candidate Paula Collins, who is running against Rep. Stefanik, said Prop 1 is crucial in the current political climate.

“Post Dobbs decision, we’re seeing these abortion bans roll out across the country,” said Collins, 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.

Opposition and concerns around Prop 1

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

“There shouldn’t be a protective right in New York for boys to be able to compete in girls’ sports,” Zeldin said. “I agree with those 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 worries, and also claimed the amendment might enfranchise non-citizens in New York.

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

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

Colette Lafuente, a volunteer at Saranac Lake’s Republican headquarters, disagrees with the Bar Association’s assessment.

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

Lafuente, who worked in politics in Dutchess County for over 30 years, said she plans to vote “no” on Prop 1, citing the legislature’s rushed proceedings.

Democrats moved quickly to pass the ERA in the wake of the Supreme Court’s decision to overturn Roe v. Wade in 2022. Before Prop 1 was on the ballot, 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 GOP-led lawsuit ultimately failed.

Legal implications

Should Prop 1 pass, it would likely present New York’s courts with complex questions about constitutional protections. Cam Macdonald, who works as general counsel at the right-leaning think tank Empire Center for Public Policy, said the expanded protections could complicate cases where protected identities may conflict.

“A whole bunch of classes of people get pushed into the suspect classes where laws of discriminating against them must undergo strict scrutiny,” Macdonald said. “The courts are going to be deciding which of these categories is more important than the other when it comes to challenges.”

Macdonald said the interpretation of the ERA will be up to the state’s court system. In a case where two protected identities conflict with one another, like age or race, Macdonald said courts may have trouble determining which side takes precedence.

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

“Courts are well practiced at balancing the need for governments to create rules like driver’s licenses, age restrictions, lotto tickets, and anti-discrimination protections.”

As Election Day nears, the divide over Prop 1 highlights broader ideological rifts within the Adirondacks. 

“I think that this is a very important election,” Lafuente said. “Both sides don’t want to see what they think are going to be the consequences of the other side.”

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

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