Opinions

Proposal in NY would legalize discrimination under the guise of ‘equal rights’



New York state’s Proposition One, known as the “Equal Rights Amendment” on the upcoming Election Day ballot, is a deceptive measure that masks its true intention of eroding fundamental civil rights under the guise of protection.

Despite being marketed as a safeguard for abortion rights that are already secure in the state, the ERA is actually a collection of leftist ideologies hidden behind a façade of protecting rights.

If passed, Proposition One would establish racial retribution through reverse racism, critical race theory, and diversity, equity, and inclusion principles into the state Constitution without most voters fully comprehending its significant implications.

Our civil rights nonprofit, The Equal Protection Project, has been raising awareness about the hidden provisions within the ERA since April, when we openly opposed the amendment and provided a detailed analysis of its content and legal consequences.

The ERA comprises two distinct parts that would amend Section 11, Article 1 of New York’s Constitution, incorporating terms like “gender identity” and “gender expression” alongside existing protected statuses of race, color, creed, and religion.

These alterations have sparked concerns from advocates of women’s rights, parents’ groups, and others, leading to organized resistance against potential threats to parental rights, women’s spaces, girls’ sports, and even accusations of a pathway to non-citizen and migrant voting.

Part B of the referendum, despite its cryptic language, poses even more catastrophic implications, as its negative effects are not immediately apparent to the average voter. Moreover, the official ballot wording excludes any mention of Part B.

This amendment would embed injustice into the state Constitution by allowing discrimination under the guise of preventing or dismantling discrimination against different groups, thereby undermining existing protections based on race, religion, and other factors.

If Proposition One passes, it opens the floodgates to a host of discriminatory practices under the pretext of “dismantling discrimination,” crippling current human rights laws and creating an environment of racial retribution and favoritism.

It is critical to inform the public of the true nature of the ERA and the hidden consequences it entails, as most voters remain unaware of the amendment’s actual implications. The ERA is not about equal rights, but rather about enabling racial retribution that has no place in New York’s Constitution.

William A. Jacobson, Cornell University law professor, and founder of the Equal Protection Project, along with Kemberlee Kaye, operations, and editorial director, seek to expose the deceptive nature of the ERA and its detrimental impact on civil rights.



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