New York State is putting forward a proposal on the November ballot to change the state’s constitution. Specifically, it adds categories of “protected classes” and enables judges to override them if they feel that a situation is warranted.

The text reads:

Concurrent Resolution of the Senate and Assembly proposing an amendment to section 11 of article 1 of the constitution, in relation to equal protection

Section 1. Resolved (if the Assembly concur), That section 11 of article 1 of the constitution be amended to read as follows:

§ 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.

b. 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.

   §  2. Resolved (if the Assembly concur), That the foregoing amendment be submitted to the people for approval at the general election to be held in the year 2024 in accordance with the provisions of the election law.

Explanation – Matter in underscored is new; matter in brackets [ ] is old law to be omitted.

New York State is a Democratic super-majority trifecta: The Democratic Party controls the office of governor and both chambers of the state legislature, of Assembly (100 to 48) and Senate (42-21). Democrats are using their muscle to push forward a controversial proposal which sounds benign but gives judges wide latitude to advance preferred classes of people over others.

Advocates for the constitutional amendment like Governor Hochul argue that its about abortion rights. Yet many have written articles suggesting that such argument is absurd as New York already amended the constitution to permit an abortion until the moment of birth for any reason. Asian New Yorkers see the proposition as “reverse racism” which will kick qualified Asian students out of better schools in favor of preferred minorities. Others argue that this is a “pernicious” attempt to “throw out the New York human rights act,” in favor of pushing DEI everywhere (diversity, equity and inclusion).

Religious institutions are alarmed by the proposition and urging voters to vote ‘no.’

The president of Houghton University, a 141-year-old Christian university, said “the proposed amendments to the state constitution would adversely affect our institution, our students and our employees. The most significant of those adverse effects are related to parental rights, women’s athletics and religious liberty…. Proposal 1 and other similar inclusion measures overstep constitutional religious liberty protections when they prevent people of faith from freely exercising their religion. It is not inclusive to force people of faith to believe or behave in a manner that is inconsistent with their religious beliefs, to force them to raise their children in a manner that contradicts their religious beliefs, or for the state to attempt to raise their children in a manner that contradicts their religious beliefs while hiding state actions from their parents.”

Jewish institutions are similarly against the proposition, with Agudath Israel releasing a statement on October 15 urging everyone to reject the amendment to the constitution.

The Empire Center produced a detailed and balanced analysis of equal rights laws and the ramification of Prop 1. It concluded that the language in this proposition is so vague that it will pit one class of protected persons against another, spur constant litigation and give judges tremendous leeway to create policy of their personal preferences. It suggested that New Yorkers vote ‘no’ and “hold out for an equal rights amendment that solves more problems than it creates.”

The Deep Blue super-majority trifecta of New York State government is attempting to upend protections that have existed since 1938 to enforce DEI mandates in every aspect of New Yorker’s day-to-day lives. Vote ‘no’ to Proposition 1 and send a clear message that New Yorkers reject the government pitting citizens against each other.

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