2024 NYS Equal Rights Amendment 

THE ISSUE: The NYS State Legislature has adopted a proposed constitutional amendment — the Equal  Rights Amendment (ERA). The ERA will appear as Proposition 1 this November 2024 on our statewide  ballot. 

New York’s ERA is the first proposed state constitutional amendment in the United States to include transgender and abortion rights. Specifically, the ERA expands existing state constitutional  protections to include, among other things, rights of all persons, including minors, regarding sexual  orientation, gender identity, gender expression and reproductive healthcare. Appendix I contains the  language of the ERA.  

Proponents portray this amendment as required to protect abortion rights in New York. Abortion was  legalized in New York in 1970 and this law is not under any genuine threat of modification or repeal.  Further, the 2019 Reproductive Health Act greatly expanded abortion rights in state law. Moreover, New  York’s Constitution and numerous state laws already protect all persons from discrimination.  

So why is the ERA being placed before the voters this year? Simple: Partisan policymakers think by  falsely portraying abortion rights as under threat they will inspire enhanced voter turnout for their side.  It is a cynical move, but one with alarming implications.  

The broad and ambiguous language of the ERA would create new constitutional rights and likely become  the subject of litigation by activist groups seeking to create new “rights” inconsistent with the views of  most New Yorkers. Serious unintended consequences are likely to result. Among these new “rights” are  “gender identity” and “gender expression” covering “all persons” including minor children. The ERA would grant minors the right to medical transgender procedures without parental consent or  notification. As a new constitutional “right”, the ERA would override any existing statutes limiting  medical interventions to minors. Schools would likely be banned from disclosing students becoming  transgender to their parents. Indeed, parental non-disclosure is current State Education Department  policy. Passage of this amendment would also prohibit schools from barring biological males from  participation on female sports teams, jeopardizing the fairness of such contests.  

The ERA bars “discrimination” based on “age.” Without clarity this provision could also be construed as overriding specific statutory provisions protecting minors against rape or sexual abuse by those over 18  years of age. Laws which enhance penalties for committing crimes against those over the age of 64 may  be challenged as illegal age-based distinctions under interpretations of this amendment. The ERA will  also have a chilling effect on free speech for religious organizations or charitable groups providing  medical, educational, or other services including adoptions and foster care.  

Amplifying these concerns, the legislature will likely consider the following bills – all placing further  limits on parental rights: 

• S.352 /A.6761 : Allows minors to make their own medical decisions without parental knowledge or  consent.  
• S.762-A / A.276-B : Provides treatment for sexually transmitted diseases to minors without a parent’s  or guardian’s consent.  
• A.4604: Requires comprehensive “sexuality instruction” for grades K-12.

New York’s Department of Education released a legal update in 2023 entitled “Creating a Safe,  Supportive, and Affirming School Environment for Transgender and Gender Expansive Students” setting  up an adversarial relationship between parents and children whereby children of any age can determine  if their parents should be involved with their decision to transition. The Education Department advises  school administrators to inform parents of their child’s purported desire to change genders but only if  the child grants permission for the school to do so. 

The ERA is not what its sponsors would have you believe. All the new “protections” contained in the  amendment are now contained in current state law. The amendment is unnecessarily vague and subject  to judicial interpretation. One thing is clear however: the sponsors intend to dramatically curtail rights of  parents over their minor children in their efforts to enhance transgender rights. 

WHAT VOTERS SHOULD KNOW: Concerned New Yorkers formed a Ballot Proposition Committee to  oppose Proposition 1. The Coalition to Protect Kids-NY (CTPK) aims to educate voters on the  unintended consequences of the ERA. See www.protectkidsny.com for additional information. 

CTPK conducted a poll in October 2023 and found that without being fully informed there is 63%  support and 24% opposition against the amendment, with 13% undecided. However once informed,  support plummeted to 29% with 49% against with 22% undecided.  

THE STRATEGY: 

1-Litigation: On October 30, 2023, Assemblywoman Marjorie Byrnes filed a civil action against New  York’s Senate and Assembly leadership and the state Board of Elections. The claim was grounded in the  fact that the legislature failed to follow the New York State Constitution’s deliberate and clear process  designed for the adoption of an amendment to the Constitution. Oral arguments will be held in  Rochester in mid-April.  

2- This ballot initiative will be up for popular vote on November 5th and proponents are effectively  mobilizing across New York State to characterize the Amendment as a right to abortion. CTPK seeks to  educate voters — and especially parents — through communications and political outreach utilizing a  strong team of seasoned political and communications professionals as well as grass roots community  leaders and organizations. CTPK has a fundraising team and is developing a diverse grassroots network  of policy influencers across New York State. 

HOW YOU CAN HELP 

Spread the Word: Please circulate the messaging contained in Appendix II. More information can be  found in CTPK’s website www.protectkidsny.com. 

APPENDIX I – TEXT OF THE EQUAL RIGHTS AMENDMENT (PROPOSITION 1 ON 2024 November ballot) 

The text in BOLD capital letters is new; the text in yellow highlight (strike through in brackets [ ] ) is old  law and will be omitted. 

• 11. A. No person shall be denied the equal protection of the laws of this state or any subdivision thereof. No person shall, because of race, color, ETHNICITY, NATIONAL ORIGIN, AGE, DISABILITY, creed [or], religion, OR SEX, INCLUDING SEXUAL ORIENTATION, GENDER IDENTITY, GENDER EXPRESSION, PREGNANCY, PREGNANCY OUTCOMES, AND REPRODUCTIVE HEALTHCARE AND AUTONOMY, be subjected to any discrimination in [his or her] THEIR civil rights by any other person or by any firm, corporation, or institution, or by the state or any agency or subdivision of the state, PURSUANT TO LAW. 

1. NOTHING IN THIS SECTION SHALL INVALIDATE OR PREVENT THE ADOPTION OF ANY LAW, REGULATION, PROGRAM, OR PRACTICE THAT IS DESIGNED TO PREVENT OR DISMANTLE DISCRIMINATION ON THE BASIS OF A CHARACTERISTIC LISTED IN THIS SECTION, NOR SHALL ANY CHARACTERISTIC LISTED IN THIS SECTION BE INTERPRETED TO INTERFERE WITH, LIMIT, OR DENY THE CIVIL RIGHTS OF ANY PERSON BASED UPON ANY OTHER CHARACTERISTIC IDENTIFIED IN THIS SECTION.

Appendix II Messaging: Proposed NYS State Constitutional Amendment: Equal Rights Amendment 

• New York State’s government seeks more authority than parents in making medical decisions for  their children.  
• The State Legislature has adopted a proposed constitutional amendment dubbed the “Equal Rights  Amendment” which will appear as Proposition 1 this November 2024 on our statewide ballot. 
• Partisan policymakers will portray this amendment as necessary to protect the right to abortion in  New York. Abortion was legalized in New York in 1970 and this law is not under any genuine threat of  modification or repeal. Further, the 2019 Reproductive Health Act further enshrines into state law  the right to abortion. 
• New York’s Constitution and numerous state laws already protect all persons from discrimination.  However, the broad language contained in the amendment would create new constitutional rights  which will be the subject of litigation and efforts by activists groups to create new “rights” not  consistent with the views of most New Yorkers.  
• Among these new “rights” are “gender identity” and “gender expression” and language would cover  “all persons” including minor children. If adopted by the voters, the ERA would grant minor children  the right to medical transgender interventions without parental consent or even notification. The  amendment makes no provision to protect specific statutory provisions which protect minors against  rape or sexual abuse by those over 18 years of age or laws which enhance penalties for committing  crimes against those over the age of 64. All such age-based distinctions could be considered  “discriminatory” under interpretations of this amendment.  
• The ERA will have a chilling effect on free speech for religious organizations or charitable groups  providing medical, educational, or other services including adoptions and foster care.  
• Amplifying this, the Albany legislature will be ideally positioned to pass the following bills sitting in  committee – all placing further limits on parental rights: 

o S.352 /A.6761 : Allows minors to make their own medical decisions without parental  knowledge or consent.  

o S.762-A / A.276-B : Provides treatment for sexually transmitted diseases to minors without a  parent’s or guardian’s consent.  

o A.4604: Requires comprehensive “sexuality instruction” for grades K-12. 

• The NYS Department of Education released a legal update in 2023 entitled “Creating a Safe,  Supportive, and Affirming School Environment for Transgender and Gender Expansive Students”  which essentially sets up an adversarial relationship between parents and children whereby children  of any age can determine if their parents should be involved with their decision to transition. The  Education Department advises school administrators to not inform parents of their child’s purported  desire to change genders.  
• A ballot proposition committee has been formed to oppose Proposition 1. The group – www.protectkidsny.com – is seeking to organize grass-roots opposition to this proposal. Please  circulate their website among all your social media channels so that voters may be informed as to  this dangerous proposal. 

Click the YouTube Link below for a short explainer Video “Vote No To Stop The Parent Replacement Act”