Since Roe v. Wade was struck down by the Supreme Court in 2022, over 20 states have banned or restricted abortion care. Similarly, there have been legislative attacks on the rights of trans people across the country. 

This was the context in which New York’s Proposal 1, colloquially called the “Equal Rights Amendment," was passed twice by two consecutive versions of the New York State Legislature.

The final step before implementation is for a majority of New Yorkers to vote “yes” on the proposal on Nov. 5.

Simply stated, the proposal would protect against unequal treatment based on ethnicity, national origin, age, disability, and sex, including sexual orientation, gender identity and pregnancy. It would also protect against unequal treatment based on reproductive health care and autonomy.

Here is the exact wording.

State Sen. Brad Hoylman-Sigal, chair of the Senate Judiciary Committee and one of the most vocal supporters of the proposal, told Capital Tonight that Proposition 1 simply enshrines basic civil liberties into the state’s constitution.

“The proposal would ensure that these rights are in our constitution and cannot be changed by the state Legislature or by a rogue governor," he said.

Holyman-Sigal was referring to former U.S. Rep. Lee Zeldin, a Republican and supporter of Donald Trump. Zeldin came within 6 percentage points of winning the New York gubernatorial race against Gov. Kathy Hochul in the last cycle. 

Zeldin was highly critical of Proposition 1 on Capital Tonight last week, saying it would give boys the constitutional right to compete in girls’ sports; give males access to female bathrooms and locker rooms; and advance a law allowing non-citizens to vote.

The senator called Zeldin’s attacks “absurd."

“It’s really sad, frankly, that Mr. Zeldin is attacking children to try and make his point,” Hoylman-Sigal said. “These are some of the most vulnerable people in our society. Children grappling with their identity. And we certainly need to protect them from harm, from self-harm, I might add.”

Politically speaking, Proposition 1 was placed on the ballot this year by Democrats to help get out the vote for abortion rights during a tight presidential contest. But Zeldin’s recent remarks make it clear Republicans are turning the proposal on its head to get Republicans to the polls.  

Zeldin said of the proposal on Capital Tonight, “I don’t know of any larger attack on girls’ sports or on women’s rights in my lifetime.” 

Hoylman-Sigal wasn’t surprised.

“It’s typical care tactics that we’ve heard from the far right,” he said.